브라질 환경법의 구조와 기후변화의 법제적 대응

Development of legislation of Brazilian environmental law was divided into two stages in 1981 as starting point. Until 1981, there's a limit in enforcing the law under the circumstance that even the industrial waste-generated pollutant exceeding the standard by law had to be accommodated for the economic development. Upon legislating the Law No. 6938 of Aug. 31, 1981, dubbed Brazilian Environmental Policy in 1981, the concept of environmental disruption without restoration was no longer accepted in Brazil. Pollutants are allowed to be discharged only within a scope as specified in the law, and when it comes to indemnification for environmental damage, the company should have Strict Liability requiring for restoration or compensation for the damage, irrespective of the fact whether it's intentional or accidental. In addition to that, Brazil has been actively dealing with various environmental issues from environmental policy viewpoint. They are Protection of Biodiversity, Control of deforestation, Management of water resource, Issues on other environmental policies. A fundamental legal basis of Brazilian environmental restriction is included in the Article 225 of Brazilian constitution. This is based on four principles in environment law : Principle of Sustainable Development, Principle of Cooperation, Principle of Prevention, Principle of the Polluter as the Payer. With regard to legislation and execution of Brazilian environment law, the legal basis supporting the relationship between the central government and local government is the Article 23 and Article 24 of the constitution. For laws under environmental clause of the constitution National Environment Policy Law No. 6938 serves the fundamentals in implementing the environment policy in Brazil. Environmental regulation which was individually controlled, like Forest Code, Water Code or Industrial Zones Law etc. was unified by this law and is operated systematically for the integrated nvironment purpose. Such a result appeared specifically in integrated management and environment information. What needs to be noted from Brazilian environment law which can be hardly found in the laws of other countries is, environmental education at all public and private schools is mandatory in accordance with the Article 18 of the Law No. 9795. Environment education is also included in Law No. 10172 Brazilian Education Policy Law. With regard to general laws relating to environment-related lawsuit, a Civil Action Law 7347 which was legislated based on a Class Action System in North America. What is also noted from Brazilian environment law is the aggressive attorney general's role in case of causing environmental contamination intentionally or accidently. The law serving the legal basis for aggressive role of attorney general for environmental violation is the Law No. 9605, Environmental Crimes Act legislated in 1998. Brazilian government, since UNFCC in Feb, 1994 and Kyoto Protocol in 1988, established GIMGC to fine tune the interest on Climatic Change Convention among the departments. Since Kyoto Protocol was endorsed by two Houses in Brazil, the policies to deal with the climate change was further accelerated. It includes Proinfa, an incentive program for power alternative resource was launched in 2002, production of bio-diesel and implementation of the program, PNBB in 2004 and designation of forest preservation region at Amazon Basin in 2004. In June 2008, the Plano Nacinal sobre Mundanca do Clima, the national law for climate change to develop the nationwide countermeasure was brought to the parliament and PNMC was officially made public. The greenhouse emission control and carbon emission right trading system have been emerging as critical issue, various studies on PNMC are underway.