Law No. 6,938/1981

Law No. 6,938/1981
Title	Law No. 6,938/1981
Enacted	1981
Country	Brazil
Subject	Environmental policy; National Environmental Policy
Status	in force (with amendments)

Law No. 6,938/1981

Law No. 6,938/1981 established a national framework for environmental protection in Brazil, instituting instruments, principles, and institutions intended to regulate pollution, natural resource use, and environmental impact assessment. The statute linked federal policy to administrative bodies and created mechanisms for licensing, environmental quality standards, and the National Environmental System, shaping interactions among the Presidency, the National Congress, the Federal Supreme Court, and sectoral ministries. Its passage reflected debates within the Chamber of Deputies, the Federal Senate, and civil society organizations during the final decade of the Brazilian military regime and the transition toward the 1988 Constitution.

Background and enactment

The bill that became Law No. 6,938/1981 emerged amid legislative activity in the Chamber of Deputies (Brazil), negotiation with the Federal Senate (Brazil), and consultation with the Presidency of the Republic (Brazil), influenced by environmental incidents such as industrial contamination in the Rio Doce basin and deforestation controversies in the Amazon Rainforest. Debates referenced international instruments including the Stockholm Conference and discussions among delegations from the United Nations Environment Programme, while domestic advocacy came from organizations like the Brazilian Institute of Environment and Renewable Natural Resources predecessors and grassroots movements inspired by figures associated with the Greenpeace network. The law was promulgated during the administration of João Figueiredo and was contemporaneous with policy shifts in ministries such as the Ministry of the Interior (Brazil) and later the Ministry of the Environment (Brazil).

Objectives and scope

The statute defined objectives to preserve, improve, and recuperate environmental quality for the benefit of present and future generations, aligning with principles later enshrined in the Constitution of Brazil (1988). It set scope across air, water, and soil resources touching on projects overseen by agencies like the National Bank for Economic and Social Development in infrastructure finance, the National Agency of Petroleum, Natural Gas and Biofuels in extractive activities, and the Brazilian Institute of Geography and Statistics for territorial data. The law articulated links to sectoral regulation involving the Ministry of Mines and Energy (Brazil), the Ministry of Agriculture (Brazil), and the Ministry of Transportation (Brazil), seeking harmonization of environmental objectives with development plans debated in the National Development Council.

Key provisions

Key provisions established environmental quality standards, obligations for impact assessment, and the licensing regime requiring environmental permits for potentially polluting activities, affecting projects funded by institutions like the World Bank and the Inter-American Development Bank. The statute instituted the principle of preventive action and the polluter-pays rule adopted in administrative practice and judicial review by the Supreme Federal Court (Brazil), and articulated civil and administrative liability regimes applied in claims involving corporations such as multinational extractors operating in the Amazon Basin or agribusiness firms influential in the São Paulo (state). It mandated environmental monitoring programs used in studies by the Federal University of Rio de Janeiro, the University of São Paulo, and research centers collaborating with the Oswaldo Cruz Foundation.

Institutional framework and agencies

The law created the National Environmental System (SISNAMA) as a network connecting the Ministry of the Environment (Brazil), state environmental agencies such as the Environmental Company of the State of São Paulo, municipal authorities including the City of Rio de Janeiro, and federal bodies like the Institute of Colonization and Agrarian Reform. It assigned regulatory and enforcement functions to administrative bodies which coordinate with prosecutorial offices such as the Federal Prosecution Service (Brazil) and can prompt litigation before the Superior Court of Justice (Brazil). The institutional design influenced the later creation and evolution of agencies including the Brazilian Institute of the Environment and Renewable Natural Resources.

Implementation mechanisms and instruments

Implementation relied on instruments such as environmental impact statements, licensing procedures, environmental quality standards, economic instruments including fines and compensation, and technical studies carried out by institutions like the National Water Agency (Brazil). The statute enabled operational tools for municipal zoning decisions in capitals like Brasília and Salvador, and for oversight of infrastructure projects such as hydroelectric dams on the Tocantins River and mining operations in the Carajás Mine, often requiring coordination with financiers like the Brazilian Development Bank. Enforcement combined administrative sanctions, civil liability actions, and criminal referrals handled through courts including the Regional Federal Court of the 1st Region.

Amendments and legal developments

Subsequent legal developments, notably constitutional changes in the Constitution of Brazil (1988), and amendments through statutes and regulatory acts adjusted competencies, clarified licensing, and expanded participation rights for non-governmental organizations such as SOS Mata Atlântica Foundation and Instituto Socioambiental. Judicial rulings by the Supreme Federal Court (Brazil) and regulatory norms from the National Environment Council (CONAMA) further refined provisions on impact assessment, compensatory measures, and liability, while sectoral shifts influenced by the Energy Reform (Brazil) and international agreements like the Rio Declaration prompted administrative updates.

Impact and criticism

The law shaped environmental governance in Brazil, enabling institutionalization of environmental review, influencing litigation involving corporations, and informing municipal planning in cities like Porto Alegre; scholarly assessments by academics at the Federal University of Minas Gerais and policy analysts from the Getulio Vargas Foundation evaluate both successes and shortcomings. Criticism centers on implementation gaps in states such as Acre and Pará, enforcement capacity limitations noted by the Brazilian Bar Association, tensions with development priorities promoted by the Ministry of Economy (Brazil), and debates over the sufficiency of instruments to prevent deforestation in regions like the Legal Amazon. Supporters highlight the law’s foundational role cited in international platforms including the United Nations Framework Convention on Climate Change dialogues.

Category:Brazilian law