The Precautionary Principle in the Brazilian Environmental Law

Abstract

The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and operational definition of its content. The hypothesis being examined is that since the Rio Declaration's -in its translation into Portuguese -environmental legislation has termed as legal principle, which internationally is an approach, a precautionary measure, as can be seen in both the texts in English and French of the Rio Declaration and other relevant legal instruments. The methodology to be used is the research of the case law and relevant legal rules, as well as the examination of the scholarly production on the subject. As a result, the conclusion is that there is an overuse of the precautionary principle by the Brazilian courts, especially by the Superior Court of Justice and that, in this case, the Federal Supreme Court has played a moderating role in relation to the application of the precautionary principle. Keywords

Atlantic Forest scenarios under the parameters of forestry laws

“…2018 Nevertheless, Brazil (2012a) provides positive alternatives for regularization of natural landscapes for the social agents involved, through the development of the Rural Environmental Registration (RER) and adherence to the Environmental Adjustment Program (EAP), and also, by the recovery of shares of deforested areas with native species or the compensation in another area with the same biome, or by allowing the natural regeneration of the environment, and permitting the management of these areas with low environmental impact activities, such as an agro-forestry system. Accordingly, Silva-Filho et al (2014) highlight that while the new Brazilian Forest Code changes the parameters to delimit the PPAs, it also grants amnesty to illegal loggers (until July 22, 2008); however, it creates new mechanisms for forest conservation (Antunes, 2016), such as the RER, the EAP and the conservationist uses in the PPAs with low-impact activities (Alarcon, 2015).…”

Precautionary and preventive measures in Brazilian law applied to radioactive waste management

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