An Introduction to Brazilian Environmental Law
2008; Routledge; Volume: 40; Issue: 3 Linguagem: Inglês
ISSN
1534-9977
Autores Tópico(s)Brazilian Legal Issues
ResumoBrazil plays a leading role in environmental issues. From Rio de Janeiro in 1992 to Bali in 2008, no major international discussion on environment has occurred without Brazilian participation. Two decades ago, Brazil was on defensive on this critical front. Since then, a number of structural changes - linked to redemocratization and growing involvement of civil society in policy debate - have led us to address environmental challenges in a proactive and transparent way, both domestically and abroad. In international arena, fact that Brazil has actively helped to negotiate and adhered to all multilateral instruments designed to ensure sustainable development speaks volumes about my country's commitment to responsible use of environment. At home, a story we are proud of is that of development and consolidation of a modern environmental legislation. The initiative taken by George Washington International Law Review to promote a focused exercise on new directions in Latin American environmental law is a timely one. In case of Brazil, there is much to be said. This brief essay, based on material put together by Brazilian legal experts, describes building process and general framework of Brazilian domestic legislation in this central area. BACKGROUND Three stages can be identified in development of Brazilian attitudes to environmental issues from a legal perspective: a stage of unruly exploitation, a fragmentary stage, and a holistic stage. The first stage, stage of unruly exploitation, which lasted from so-called discovery of Brazil in 1500 until early 1950s, was characterized by few environmental concerns. There were only a few unrelated laws, rules, and regulations, and their primary goals were either to safeguard human health or to ensure survival of valuable natural resources, such as pau-brasil (brazilwood) . The Brazilian Forest Code and Waters Code date from that period, as does law that establishes measures providing economic assistance to Brazilian natural rubber producers. The second stage, fragmentary stage, demonstrated lawmakers' concern with categories of natural resources, but not with environment as a whole. In ethical terms, imposing controls on exploration and extraction activities was utilitarian in nature - legal protection was only granted when economic interest was at stake. The third stage, holistic stage, began with National Environmental Policy Law,1 which was first Brazilian statute to include a legal definition of environment, as follows: the set of physical, chemical and/or biological conditions, laws, influences and interactions that facilitates, shelters and governs life in all of its forms.2 That model was characterized by an attempt to protect environment as a whole. The environment was no longer dealt with in terms of a waters law, a forest law, or a biodiversity law, but rather as a field of law that, while not disregarding specificities of each topic, seeks to interconnect them as legal mechanisms providing for preservation and restoration. This new field of law also seeks to create a system for collecting information, monitoring adherence, and encouraging participation. One can state that, during third stage, environmental law increasingly became a crosscutting topic because it incorporated elements from almost every field of law into its framework. With approval of Environmental Crimes Law,3 legal regulation of environment became all encompassing, given that it was to be enforced through administrative, civil, and criminal law. In institutional terms, National Environmental Policy Law created National System for Environment and National Council on Environment. In 1990, Environmental Secretariat of Office of Brazilian President was created, which in 1992 was transformed into Ministry of Environment. …
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