Environmental Law in Brazil: Historical Path and Current Outlook
摘要
The evolution of Brazilian environmental law reflects a progressive shift from neglect to structured regulation and constitutional integration. Initially characterized by unregulated exploitation, spanning from 1500 to the mid-twentieth century, environmental concerns were virtually absent, with scattered rules addressing isolated resources or public health. Conflicts were resolved informally, often through private law mechanisms. The fragmentary stage introduced specific regulations for resource categories without addressing the environment as a cohesive entity. Landmark laws included the Forest Protection Code (1965) and various sectoral laws in the 1960s and 1970s. These measures, while pivotal, lacked a unifying framework. The holistic stage began with the National Environmental Policy Act (Law n. 6.938/81), which defined the environment as an integrated ecological system with legal autonomy. This Statute introduced tools such as environmental impact assessments and strict liability for environmental harm, marking a turning point in Brazilian law. The 1988 Constitution solidified environmental protection as a state and societal duty, embedding it within fundamental rights. Despite this framework, tensions persist between economic development and ecological preservation. Independent institutions, like the judiciary and Public Prosecutor’s Office, play a critical role in upholding environmental standards amidst ongoing legislative and political challenges.