Making Law Matter: Environmental Protection and Legal Institutions in Brazil
Although many developing countries have environmental statutes, regulations, and resolutions on the books, these laws are rarely enforced and often ignored. Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anticorruption.
In Brazil, the offices of prosecutors and courts have become an important forum for resolving environmental conflicts, making environmental law more effective than in the past. Court involvement communicates the end of impunity for violators. It increases the accountability of governmental agencies and provides legal access for citizen complaints. In short, it enhances environmental rule of law. As developing countries continue to seek to reform their legal systems to strengthen democracy and the rule of law, the Brazilian Ministrio Publico must be recognized as a very promising model.
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Environmental Protection and the Rule of Law
Strong Laws Weak Agencies
Becoming Environmental Prosecutors
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1988 Constitution access to justice activities administrative agency officials Arantes areas attorney Belem Brazil Brazilian environmental Brazilian Ministerio Publico Brazilian prosecutors CETESB Chapter Civil Action Law civil and criminal CONAMA conduct adjustment agreements corruption courts defending developing countries ecutors employees environ environmental agencies environmental enforcement environmental harm environmental law environmental permitting environmental policy environmental problems environmental prosecutor environmental protection environmental public civil Estado executive branch explained extrajudicial Federal law Federal Ministerio Publico federal prosecutors Ferraz forestry governmental IBAMA ibid illegal inspections institution's investigations involvement issued judges Kerche lack last visited Dec lawsuits Meio Ambiente ment Milare National organizations oversight Pará Paulo Ministerio Publico percent personal interview political independence pollution control prosecutorial enforcement public civil actions public interests Publico of Sao regulatory responsible Rio de Janeiro role ronmental rule of law sanctions Sao Paulo Ministerio Sao Paulo prosecutors SECTAM significant terio Publico tion vironmental