Brazil

• Author: Luiz Fernando Henry Sant'Anna and Marise Hosomi Spitzeck
• Pages: 421-432

CHAPTER 22

Brazil

LUIZ FERNANDO HENRY SANT’ANNA AND MARISE HOSOMI SPITZECK

I. Overview and Structure

The National Environmental System, known by its Portuguese acronym, SIS-

NAMA, is a network of governmental entities charged with implementing

Brazilian environmental policy. SISNAMA was established by the 1981

National Environmental Policy Act, and impacts environmental policy at the

federal, regional, and local levels. Its main constituent entities are (1) the

Ministry of the Environment (Ministério do Meio Ambiente, MMA), the cen-

tral entity; (2) the National Environmental Council (Conselho Nacional do

Meio Ambiente, CONAMA), which sets pollution standards and licensing

requirements; (3) the Federal Environmental Agency (IBAMA), the executive

entity in charge of law enforcement; and (4) these entities’ regional and local

counterparts.

The judicial branch is charged with reviewing executive branch adminis-

trative acts having an environmental impact as well as the constitutionality

of environmental laws and regulations. Environmental matters and related

civil and criminal claims may be subject to federal or state jurisdiction. Fed-

eral courts have jurisdiction over matters involving the federal government

as a party (and its respective departments and/or agencies) and issues

related to interest or property owned by the federal government (such as

federal parks, federal rivers, or federal protected areas). All other matters are

subject to state court jurisdiction. Both federal and state court decisions may

be reviewed by two higher courts: the Superior Court of Justice (STJ) and/or

the Brazilian Supreme Court (STF). Some state court systems include a spe-

cial chamber for environmental matters, such as the court of appeals in the

state of São Paulo.

Brazil is a civil law jurisdiction. Therefore, when judging environmental

cases, courts emphasize application of codes and statutes rather than previ-

ous judicial decisions. That said, Brazilian courts tend to follow judicial prec-

edent. Judgments also tend to take a while to be rendered, and can take

more than a decade to reach a final decision. Such delays result principally

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