Brazil South America -environmental protection
Brazil news: environmental protection
The Brazilian Federal Constitution assigns a special chapter to environmental protection, which safeguards Brazilian citizens’ right to a balanced environment, and imposes on the public authorities and the community as a whole the duty to defend and preserve the environment.
Article 23 confers jointly on the federal government, the states, the municipalities and the Federal District the authority and duty to protect the environment, to take action against pollution in any of its forms, and to protect Brazilian fauna and flora.
Law No. 6938 of August 31, 1981, as amended, institutes the Brazilian environmental policy,as well as its purposes, regulations and enforcement. Law No. 7347 of July 24, 1985 regulates the adoption of public actions to verify damages to the environment, consumers, other assets and rights. Both laws stipulate an obligation to indemnify for any individual or legal entity directly or indirectly responsible for environmental damage, notwithstanding any verification of actual fault or prior administrative penalties (strict liability).