Threats to the Brazilian Environment and Environmental Policy

Abstract

The Brazilian government, society and economic groups should adhere to the fundamental constitutional duty of guaranteeing a balanced environment and, equally, promoting sustainable development in its four modern pillars: environmental protection, economic development, good governance and social inclusion. Likewise, a suitable environmental regulation to deal with challenges increasingly complex, difficult and global that arise in the contemporary society marked by risk and absence of scientific certainties. This is not enough, Brazil must implement, amongst other things, the principles of environmental education (Act no 9,795/1999), precaution (Legislative Decree no 1, of 02/03/1994), prevention (Art. 225,1, item IV, FC), sustainable development (Preamble, Art. 170, item VI and 225, FC) and polluter- payer (Art. 4, item VII, of the Act 6,938/1981). All of them provided for in our legal framework. This is a commitment that must unite the Brazilian society in the construction of a minimum political consensus in the defense of the environment. These principles arising from the Constitution and our laws bind governments in federal, state, municipal and district spheres and must be adhered to by companies and economic groups. It is very important to recall that not only individuals, but also corporations may be liable for the same harmful action to the environment in civil, administrative and also criminal fields (Art. 225, p. 3, FC and Art. 3, Act 9,605/1998). In this scenario, citizens, NGOs and public attorneys can, and the prosecutors must install environmental and climate litigations so that judges apply the law in order to repair the damages caused to the environment and to prevent environmental disasters from happening. Unfortunately, people who defend the environment today in Brazil are often called a left-winger or even a communist, there is a regrettable confusion between science, politics, economics, and the rule of law in the public debate, sometimes stimulated by fake news. This is partly due to the players not being sufficiently informed, but it also happens because of political motivations, prejudice and, especially, powerful domestic and foreign economic interests that feel threatened by actions aimed at protecting the environment. There is no other way for the capitalist democracy than turning towards economic development moved by renewable energy, with the purpose of protecting the environment and to promote social inclusion with good governance. Incidentally, these are the foundations that we can see in the 2030 Agenda for Sustainable Development that should guide the world and Brazil. The modern rule of law must be inserted with wisdom and responsibility in the Era of climate change in order to achieve the goals agreed upon in Paris until the year 2100. In Brazil, we, federal judges, must carry out our duty of applying the Federal Constitution of 1988, the statutes and our precedents for environmental protection in an intergenerational perspective.