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Environmental Analysis & Ecology Studies

The Right to an Ecologically Balanced Environment in Brazil

  • Open or Close Luciane Martins De Araújo*

    Department of Environmental Science, Pontifical Catholic University of Goiás, Brazil

    *Corresponding author: Luciane Martins De Araújo, Department of Environmental Science, Master’s degree in Agrarian Law, Professor and researcher at the Pontifical Catholic University of Goiás, Lawyer at Rede Gaia Environmental Advisors, Brazil, Email:

Submission: March 06, 2018; Published: March 12, 2018

DOI: 10.31031/EAES.2018.01.000520

ISSN: 2578-0336
Volume1 Issue4


The 1988 Constitution still represents a great achievement to democracy and fundamental rights in Brazil, even if it has almost 30 years old. Known as the “Citizen’s Constitution”, it was a pioneer in affirming the fundamental right to an ecologically balanced environment when it comes to the constitutional history of Brazil. This right is connected to the quality of life, the obligation to defend and preserve the environment being a task both for the Public Administration and the collectivity, moulding their behavior in the sake of present and future generations and in the context of sustainable development. Since the 1981 National Environmental Policy Act and after the 1988 Constitution, various environmental norms were enacted, aiming at the effectiveness of this right. As examples, there are the federal acts concerning water resources, solid waste management, public sanitation, climate change, conservation units, and environmental crimes, among others. Even if these norms are a clear evidence of the importance held by environmental protection, one cannot ignore that they also represent a threat for economic interests, such as the agribusiness, that has powerful representatives in the National Congress.

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