FDF 2011

The Environmental Permit System Explained

January 26 2009

The Brazilian environmental law framework began to take shape in the 1980s when the National Environmental Policy Law (6,938/1981) and the 1988 Constitution were promulgated, adding to the existing Water Code 1934 and the Forest Code 1965. 

The 1988 Constitution, which is primarily based on European constitutions that seek more restrictive protection for the environment, was the first to refer to the fundamental right to an "ecologically balanced environment" which demands special protection. One of the mechanisms used to accomplish this protection is the permit system. 

Brazilian environmental legislation provides that environmental permits are required for the construction, installation, expansion or operation of any activity that uses environmental resources or is considered to be actually or potentially polluting to the environment. 

The extent of the activity's actual or potential polluting impact on the environment will determine the federal level at which it is regulated. State environmental agencies and the Federal Environmental Agency regulate most environmental permitting procedures, since municipalities can take part in the permitting process only once they have met minimum infrastructure requirements. 

Therefore, an activity that affects only one municipality (e.g., a petrol station) can be licensed by the municipal environmental agency, if there is one. Otherwise, it will be licensed by the respective state environmental agency. An activity that affects more than one municipality (e.g., a small power plant) will be licensed by the state environmental agency. Finally, an activity that is of national interest (e.g., oil exploitation) will be licensed by the Federal Environmental Agency. 

www.internationallawoffice.com/Newsletters/detail.aspx?g=3d7df9ac-8901-417e-94fc-c3ef4970e0f7. Adaptado.