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This article is a general introduction to the Brazilian Environmental Law, mainly to its principles
This article describes and analyzes major laws, decrees, regulations, resolutions, and institutional mandates linked to environmental protection policies in Brazil, from 1934 to 2002. It argues that many early regulations resulted basically from centralization and planning policies conducted by a development-oriented state. However, it shows that most recent regulations were demanded by a more environmentally aware and more organized civil society, in the context of an improved participatory and democratic political framework and renewed scientific knowledge and requirements.
The environment constitutes a group right, endowed with an indivisible object without a determined ownership and interconnected by certain circumstances indeed. Considering its relevance and the need to ensure its preservation and safeguard the environment for present and future generations, the Magna Carta of 1988 instituted in its text the protection of the environment, by means of axiological precepts, and the infraconstitutional legal framework established stricter tuitions, including in the penal. Through bibliographic research, with the analysis of national and international scientific articles, and research of Brazilian legislation, this work was carried out in order to verify the effectiveness of environmental laws. Thus, the objective of the research is to analyze the applicability of principles, highlighting the principles of prevention in the environmental sphere, as well as the form of accountability of the causers/polluters for the damage practiced. The case study took into account the environmental damage related to the Mariana Dam, the Ultra cargo Fire and the Brumadinho Dam.
The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and operational definition of its content. The hypothesis being examined is that since the Rio Declaration's-in its translation into Portuguese-environmental legislation has termed as legal principle, which internationally is an approach, a precautionary measure, as can be seen in both the texts in English and French of the Rio Declaration and other relevant legal instruments. The methodology to be used is the research of the case law and relevant legal rules, as well as the examination of the scholarly production on the subject. As a result, the conclusion is that there is an overuse of the precautionary principle by the Brazilian courts, especially by the Superior Court of Justice and that, in this case, the Federal Supreme Court has played a moderating role in relation to the application of the precautionary principle.
This article analyzes the recent innovations introduced in Brazil by the Environmental Criminal Act n. 9.605/98 in the light of the principle of legality. Replying some scholars that argues it violates the " principle of legality " because it fails to adequately describe the proscribed conduct or provide for due process of law, the author argues that the Brazilian Environmental Crimes Act introduce in our legal system a consensual criminal justice, with real results in the enforcement of environmental law. Connected with the Act n. 9.099/99, which mitigate procedural principles as obligation and unavailability of prosecution and introduce new institutions such as criminal liability of legal entities, probation, plea bargain, relaxing the rules of substantive and procedural guarantees for the application of alternative sentences by a Special Criminal Courts, this new statute allowing a rapid response to protect the environmental interests. KEYWORDS: principle of legality, consensual criminal justice. SUMMARY: 1 Introduction-2. Principle of legality and the new environmental crimes in Brazil– 3. The future of environmental criminal law – 4. Conclusions – 5. Notes
2016 •
This article analyzes the recent innovations introduced in Brazil by the Environmental Criminal Act n. 9.605/98 in the light of the principle of legality. Replying some scholars that argues it violates the “principle of legality” because it fails to adequately describe the proscribed conduct or provide for due process of law, the author argues that the Brazilian Environmental Crimes Act introduce in our legal system a consensual criminal justice, with real results in the enforcement of environmental law. Connected with the Act n. 9.099/99, which mitigate procedural principles as obligation and unavailability of prosecution and introduce new institutions such as criminal liability of legal entities, probation, plea bargain, relaxing the rules of substantive and procedural guarantees for the application of alternative sentences by a Special Criminal Courts, this new statute allowing a rapid response to protect the environmental interests.
2023 •
This article discusses environmental conflict resolution in Brazil in both the administrative and judicial spheres, with the aim of analyzing the configuration of the bodies in charge of such adjudication, the procedural instruments at their disposal, and the main types, grounds and effects of environmental claims. An overview of the Brazilian system is evaluated based on the criteria of judicial and extrajudicial due process in order to point out certain dysfunctions of environmental adjudication that compromise its effectiveness, such as the inadequacy of the procedural legislation and the poor quality of the resulting decisions; ways of strengthening the rights and guarantees provided to litigants by the administrative and judicial authorities are also proposed as a means of improving the performance of environmental adjudication.
Seqüência: Estudos Jurídicos e Políticos
Environmental protection in Brazil’s High Court: Safeguarding the environment through a rule of law for nature2017 •
No contexto da sociedade de risco e de seus deslocalizados incalculáveis e não compensáveis riscos globais, as controvérsias ambientais tornam-se crescentemente complexas. Nesse cenário, o Superior Tribunal de Justiça (STJ) tem se destacado por recorrentemente aplicar estratégias e princípios da hermenêutica jurídica ambiental em seu processo de tomada de decisões, clarificando controvérsias relacionadas à interpretação da legislação ambiental. Nesse sentido, por intermédio da pesquisa bibliográfica e jurisprudencial, este artigo busca enaltecer os destaques recentes da Jurisprudência do STJ, analisando alguns de seus casos emblemáticos e suas contribuições para a evolução do direito ambiental no país.
The research analyzed the jurisprudence of the Federal Supreme Court in the judgment of Extraordinary Appeal No. 548.181, from the State of Paraná, which overcame the understanding signed by the Superior Court of Justice, in the judgment of Ordinary Appeal in Writ of Mandamus No. 27.593 from the State of São Paulo, which dealt with the criminal liability of legal entities due to the practice of environmental crimes. The objective was to verify whether the liability imposed on legal entities was effective or whether it was reduced to a merely symbolic aspect. The work was developed through the dialectic method, which allows the questioning of the certainties established up to that point, enabling us to deny them and, from this intellectual exercise, to extract secure knowledge. It was concluded that the imputation of criminal liability to legal entities reveals itself as symbolic legislation that translates into an illusory action of the State with the purpose of conferring a way of solution to the problems and challenges for the protection of the environment, making it necessary that the discussions advance searching for more efficient answers for ecological tutelage. I.
International Journal of Scientific Research in Science, Engineering and Technology
Acoustical and Mechanical Characterization of Natural Fibre-Reinforced Composite : A Review2023 •
International Journal of Scientific Research in Science, Engineering and Technology IJSRSET, Indrajit Wadgave
Noise pollution is increasing in this era as countries' development is faster. This noise pollution causes serious non-auditory effects on human health. As a result, it needs effective controls on noise pollution. Hence, use a natural fibre-reinforced composite for acoustical applications. Natural fibre-reinforced composites have various benefits, such as being eco-friendly, easy to manufacture, and effective in cost, and natural fibre improves the sound absorption, mechanical strength, and structural stability of the composite. The present review describes various techniques for measuring the acoustical and mechanical characteristics of natural fibre-reinforced composites. In addition to these acoustical (sound absorption coefficient, sound transmission losses, etc.) and mechanical (tensile, flexural, impact, etc.) characteristics are reviewed. Furthermore, this review paper studied an influencing parameter that affects the acoustical and mechanical characteristics of natural fibre-reinforced composites. these influencing parameters, such as fibre properties, density, porosity, sample thickness, binder amount, and filler material. In natural fibre-reinforced composites, increasing the percentage of the fibre density, binder amount, and filler material enhances sound absorption and mechanical strength, but these parameters have certain limitations, and crossing the limitation decreases the characteristics. reduce the porosity, decrease sound absorption, and increase sample thickness to increase acoustical characteristics. The conclusion states that the acoustical and mechanical characteristics of natural fibre-reinforced composites are enhanced when considering the performance-influencing parameters.
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