Environmental Policy Act No. 6.938.

Subject

Environment gen.

Keyword

Framework law Institution Pollution control Environmental planning Ecosystem preservation Offences/penalties Policy/planning

Geographical area

Amazonia, Americas, Latin America and the Caribbean, North Atlantic, South America, South Atlantic

Entry into force notes

This Act enters into force on the date of publication.

Abstract

This Act, based on article 8, no 17, paragraphs c), h) and i) of the Federal Constitution, establishes the National Environmental Policy, its aims, formulation and enforcement mechanisms; the National Environmental System; the National Environmental Council and the Federal Technical Register of the Activities and Instruments of Environmental Protection. The National Environmental Policy has the aim of preserving, improving and recovering the environmental quality conducive of a healthy life, with a view to ensuring socio-economic development, the interests of national security and the protection of human life. This Act establishes the National Environmental Council NAENVCO, its composition, organization, responsibilities and mode of operation shall be regulated by the Executive Power. It establishes as well penalties defined by the federal, state and municipal legislation, the non-compliance with the measures necessary for the prevention and correction of the damages caused by the degradation of the environmental quality.

Full text

Portuguese/English

Website

www.planalto.gov.br

References - Legislation

Implemented by

Resolution CONAMA No. 238 approving the National Policy for the Control of Desertification.

Legislation | Brazil | 1997

Keyword: Desertification, Research, Environmental planning, Ecosystem preservation, Land-use planning, Soil conservation/soil improvement

Source: FAO, FAOLEX

Resolution Conama No. 37 regulating classification and import-export procedures of dangerous residues.

Legislation | Brazil | 1994

Keyword: Pollution control, Authorization/permit, Classification/declassification, Hazardous substances, International trade

Source: FAO, FAOLEX

Decree No. 5.975 regulating Forestry Code of 1965 and Law No. 10.650 of 2003 on Sustainable Forest Management, and amending other provisions.

Legislation | Brazil | 2006 (2008)

Keyword: Forest management/forest conservation, Protected area, Timber extraction/logging, Afforestation/reforestation, Authorization/permit

Source: FAO, FAOLEX

Order No. 48-N creating a national administration on environmental information (RENIMA).

Legislation | Brazil | 1993

Keyword: Institution, Research, Environmental planning, Policy/planning

Source: FAO, FAOLEX

Law No. 7.661 establishing National Planning for Coastal Zone Management.

Legislation | Brazil | 1988 (2023)

Keyword: Hazards, Coastal zone management, Enforcement/compliance, Erosion, Marine area, Protection of environment, Risk assessment/management, Soil conservation/soil improvement, Land-use planning, Institution, Ecosystem preservation

Source: FAO, FAOLEX

Decree No. 99.274 regulating Law No. 6.902 and Law No. 6.938 respectively on the creation of Ecological Stations and Environmental Protection Areas and on the National Environmental Policy.

Legislation | Brazil | 1990 (2023)

Keyword: Institution, Ecosystem preservation, Pollution control, Authorization/permit, Monitoring, Offences/penalties, Protected area

Source: FAO, FAOLEX

Normative Instruction No. 65 on licensing procedures for hydroelectric plants and small electricity plants.

Legislation | Brazil | 2005

Keyword: Legal proceedings/administrative proceedings, Hydropower generation, Energy conservation/energy production, Environmental planning, Institution, Authorization/permit, Policy/planning

Source: FAO, FAOLEX

Decree No. 88.351 regulating Environmental Policy Act No. 6.938 of 31 August 1981 and Act No. 6.902 of 27 April 1981 on the creation of protected areas.

Legislation | Brazil | 1983

Keyword: Institution, Protected area, Authorization/permit, Enforcement/compliance, Offences/penalties, Management/conservation

Source: FAO, FAOLEX

Decree No. 4.297 ruling on Ecologic-Economical Zoning of Brazil.

Legislation | Brazil | 2002

Keyword: Zoning, Ecological production/organic production, Ecosystem preservation, Access-to-information

Source: FAO, FAOLEX

Administrative Decree No. 44-N approving rules and procedures for the collection of pecuniary penalties and other debts owed to IBAMA.

Legislation | Brazil | 1997

Keyword: Offences/penalties

Source: FAO, FAOLEX

Resolution Conama No. 20 establishing a classification of fresh, brackish and marine waters.

Legislation | Brazil | 1986

Keyword: Pollution control, Classification/declassification, Marine area, Freshwater pollution, Inland waters

Source: FAO, FAOLEX

Resolution COEMA No. 116 providing for municipal competence on local environmental impact within the State of Pará.

Legislation | Brazil | 2014

Keyword: EIA, Legal proceedings/administrative proceedings, Procedural matters, Environmental planning, Environmental standards, Policy/planning, Standards, Protection of environment

Source: FAO, FAOLEX

Law No. 13.361 establishing the State Technical Cadastre for Potentially Polluting Activities.

Legislation | Brazil | 2007

Keyword: Pollution control, Ecosystem preservation, Offences/penalties, Classification/declassification, Registration

Source: FAO, FAOLEX

Resolution CEMAm No. 15 establishing criteria and requirements for environmental licensing of Industrial Centres, created and managed by Industrial Districts Company of Goiás.

Legislation | Brazil | 2014

Keyword: Pollution control, Authorization/permit, Procedural matters, Legal proceedings/administrative proceedings, Environmental standards, EIA, Risk assessment/management, Standards, Protection of environment

Source: FAO, FAOLEX

Resolution CONAM No. 1 regulating the norms for issuing environmental authorization within the Federal District.

Legislation | Brazil | 2014

Keyword: Pollution control, Authorization/permit, Procedural matters, Legal proceedings/administrative proceedings, Environmental standards, Standards, Protection of environment

Source: FAO, FAOLEX

Resolution CONAMA No. 261 approving the parametres to analyze the stages of Restinga vegetation in the State of Santa Catarina.

Legislation | Brazil | 1999

Keyword: Forest management/forest conservation, Forest species, Forestry protection measures, Protection forest, Protection of species, Plant protection, Plant variety

Source: FAO, FAOLEX

Law No. 17.279 establishing the State Technical Registry of Potentially Polluting Activities or Users of Environmental Resources within the SISNAMA, as well as the Environmental Inspection Control Fee.

Legislation | Brazil | 2012 (2019)

Keyword: Registration, Pollution control, Ecosystem preservation, Classification/declassification, Royalties/fees, Tax/levy, Hazardous substances, Internal trade, Transport/storage

Source: FAO, FAOLEX

Amended by

Law No. 11.105 ruling on Genetically Modified Organisms (GMO) use and other provisions.

Legislation | Brazil | 2005

Keyword: Genetically modified organism (GMO), Certification, Classification/declassification, Data collection/reporting, Ecological production/organic production, Genetic resources, Inspection, Institution, Basic legislation, Biological control agents, Biotechnology, Biodiversity

Source: FAO, FAOLEX

Act No. 10.165 amending Environmental Policy (Act No. 6.938).

Legislation | Brazil | 2000

Keyword: Pollution control, Environmental fees/charges, Offences/penalties

Source: FAO, FAOLEX

Law No. 9.960 establishing Environmental Fees for Administrative Service (TSA) and for Environmental Control (TFA).

Legislation | Brazil | 2000

Keyword: Environmental fees/charges

Source: FAO, FAOLEX

Law No. 11.284 on public forests management for sustainable production and other provisions.

Legislation | Brazil | 2006 (2023)

Keyword: Basic legislation, Public forest, Forest management/forest conservation, Timber, Institution, Special fund, Classification/declassification, Monitoring, Indigenous peoples, Cultural heritage, Ecosystem preservation

Source: FAO, FAOLEX

Complementary Law No. 140 on administrative proceedings related to the protection of natural heritage, the environment, combating pollution and the preservation of forests, fauna and flora and amending the Environmental Policy Act.

Legislation | Brazil | 2011

Keyword: Institution, Pollution control, Environmental planning, Ecosystem preservation, Legal proceedings/administrative proceedings, EIA, Policy/planning, Protection of environment, Protection of habitats

Source: FAO, FAOLEX

Law No. 12.651 on the protection of Native Forests.

Legislation | Brazil | 2012 (2023)

Keyword: Framework law, Plant protection, Protected area, Protection forest, Public forest, Right of use, Traditional rights/customary rights, Forest management/forest conservation, Forest fires, Forestry protection measures, Family farming, Authorization/permit, Protection of species, Sustainable development, Soil conservation/soil improvement, Land tenure, Land-use planning, Freshwater pollution, Water conservation zone, Pollution control, Management/conservation, Wild flora, Zoning, Biodiversity, Ecosystem preservation

Source: FAO, FAOLEX

Law No. 12.727 amending Law No. 12.651 on the protection of Native Forests.

Legislation | Brazil | 2012

Keyword: Plant protection, Protected area, Protection forest, Public forest, Right of use, Traditional rights/customary rights, Forest management/forest conservation, Forest fires, Forestry protection measures, Sustainable use, Authorization/permit, Sustainable development, Protection of species, Freshwater resources management, Water conservation zone, Management/conservation, Wild flora, Zoning, Biodiversity, Wetlands, Coastal zone management

Source: FAO, FAOLEX

Law No. 14.785 on research, experimentation, production, packaging, labelling, transport, storage, commercialization, use, import, export, final destination of waste and packaging, registration, classification, control, inspection and supervision of pesticides, environmental control products, technical and similar products.

Legislation | Brazil | 2023

Keyword: Pesticides, Classification/declassification, Research, Transport/storage, Packaging/labelling, Institution, Registration, Offences/penalties, Internal trade, International trade, Waste management, Waste disposal, Inspection, Food quality control/food safety, MRL-maximum residue limit, Biological control agents, Enforcement/compliance, Risk assessment/management, Basic legislation

Source: FAO, FAOLEX