Brazil

AuthorLuiz Fernando Henry Sant'Anna and Marise Hosomi Spitzeck
Pages421-432
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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