The Limited Contribution of Environmental Law to the Sustainable Management of Marine Resources in Brazil: The Need for an Integrated Approach

Abstract

The contribution of environmental law for the sustainable management of living and non-living marine resources in Brazil is still uncertain. The sectoral approach is dominant; therefore, norms and competences tend to follow this pattern. This paper demonstrates the difficulty to provide environmental protection within marine activities because of the lack of integration among different sectors. Brazilian environmental law was not specifically designed for the management of marine resources and so far does not contribute to the sustainable integration, throughout its principles, rules and instruments, of different sectors such as mining, oil exploitation, navigation and fishing. In addition to this, environmental law does not provide for an institutional framework where environmental agencies are at the center of the management of marine resources. However, there are some examples of norms and instruments that contribute to an integrated approach for the management of marine resources, but still in a limited way. This analysis is part of a research project entitled “The Brazilian strategies for the sustainable management of marine resources”. The results of the project are all innovative in the Brazilian legal and policy literature, because the focus of Brazilian environmental Law scholars is on the land and not on the marine environment.