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in the rest of the continent, due to the country's prominence in international negotia-
tions, and even one of the coalitions for the presidential elections of 2014 defended
advancement toward de-carbonization, nationally and internationally. The follow-
ing years will tell if this knowledge will be transformed into a low carbon con-
sciousness and demand for low carbon policies, or if the country remains trapped in
the illusion that it has a role to play in solving the problem.
Box 24.1. Brazilian Constitution Chapter VI: Environment
Article 225 of the Brazilian Constitution states that:
All have the right to an ecologically balanced environment, which is an
asset of common use and essential to a healthy quality of life, and both the
Government and the community shall have the duty to defend and preserve it
for present and future generations.
Paragraph 1: In order to ensure the effectiveness of this right, it is incum-
bent upon the Government to: (I) preserve and restore the essential ecological
processes and provide for the ecological treatment of species and ecosystems;
(II) preserve the diversity and integrity of the genetic patrimony of the country
and to control entities engaged in research and manipulation of genetic mate-
rial; (III) defi ne, in all units of the Federation, territorial spaces and their com-
ponents which are to receive special protection, any alterations and
suppressions being allowed only by means of law, and any use which may
harm the integrity of the attributes which justify their protection being forbid-
den; (IV) demand, in the manner prescribed by law, for the installation of
works and activities which may potentially cause signifi cant degradation of
the environment, a prior environmental impact study, which shall be made
public; (V) control the production, sale and use of techniques, methods or
substances which represent a risk to life, the quality of life and the environ-
ment; (VI) promote environment education in all school levels and public
awareness of the need to preserve the environment; (VII) protect the fauna
and the fl ora, with prohibition, in the manner prescribed by law, of all prac-
tices which represent a risk to their ecological function, cause the extinction
of species or subject animals to cruelty.
Paragraph 2: Those who exploit mineral resources shall be required to
restore the degraded environment, in accordance with the technical solutions
demanded by the competent public agency, as provided by law.
Paragraph 3: Procedures and activities considered as harmful to the envi-
ronment shall subject the infractors, be they individuals or legal entities, to
penal and administrative sanctions, without prejudice to the obligation to
repair the damages caused.
Paragraph 4: The Brazilian Amazonian Forest, the Atlantic Forest, the
Serra do Mar, the Pantanal Mato-Grossense and the coastal zone are part of
the national patrimony, and they shall be used, as provided by law, under con-
ditions which ensure the preservation of the environment, therein included the
use of mineral resources.
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