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Was just in the middle of 1970 that environmental preservation in Brazil won highlight, thanks to the union of some people who defended the needed of include the subject of environmental on society discussion.
In the next decade, with a democratic country increased environmental non-governmental organizations and led to new proposals for environmental preservation. Some of which contributed to forming the Brazilian environmental legislation in the Federal Constitution of 1988, in force until the present day.
For some experts, even that the Constitution defends the needed of defense and preservation, little is done to the legislation exit the paper and be put in practice effectively.
In another hand, the Sustainable Brazilian Institute rise ten positive points about the environmental on the Brazilian constitution. We bring here the five principals:
1. The environment is addressed as a diffuse well, that is to say, without a title given to anyone individually, not even the State, characterizing it as good of common use, on which all are entitled.
2. The preservation and defense of the environment ecologically balanced, like determines the article in question, is attributed as much as for the Public Power as for the community. In other words, everyone must to watch for the environmental quality and, if necessary, defend it.
3. When some enterprise or activity can cause significant environmental degradation is indispensable previous study of the environmental impact, which, after concluded, must being public, open to the consult of any individual.
4. Fauna implicate the animal species that is finding in some region. In turn, flora is the set of vegetable species also localized in some region. However, ecologic function understands like the relation between fauna, flora and the abiotic elements existents, like air, water and soil. Extinction of species is the totally disappearance of some being. The cruelty with the animals is the treatment that causes suffering or physic damage.
5. Procedures and activities that cause environmental damage will subject those who practice or act omission, should be able to avoid the injury in criminal and administrative sanctions, regardless of monetary compensation due to the damage suffered, whether the agent has incurred or not guilt (he has acted with recklessness, negligence or malpractice).The behaviors and activities that cause environmental damage will subject those who practice or act omission, should be able to avoid the injury in criminal and administrative penalties, regardless of the compensation duty monetary losses suffered, whether the agent has incurred or not at fault (he had acted with recklessness, negligence or malpractice).
