1. Environmental management department
The Ministry of Environment is the environmental authority responsible for promoting the adoption of principles and strategies for the recognition, protection and restoration of the environment, the sustainable use of natural resources and the implementation of sustainable development in the formulation and implementation of public policies.
2. Name of major environmental laws and regulations
Regulation No. 6938 of August 1981 of Brazil. Formulated the national environmental policy and regulations, the policy on the use of environmental resources such as soil, water, air, planning and monitoring, protect the ecological system, to control pollution and potential pollution activities, encourage environmental protection technology research, tracking environment quality condition, the degradation area and on the verge of degraded areas for recovery and protection, the environmental education into the education at all levels. In 1988 Brazil's constitution added an environment chapter for the first time. The Constitution provides for a series of laws and regulations to protect the ecological balance, and defines the rights and obligations of state power and citizens to protect the environment.
Table 3-3: Contact information of Brazilian Ministry of Environment and its subordinate agencies
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名称
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地址
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通讯方式
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巴西环境部（Ministério do Meio Ambiente）
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E spl a na da do s Ministérios, Bloco B, M i ni stéri o do M e i o Ambiente, CEP 70068-900 - Brasília DF
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网址：www.mma.gov.br/
电话：0055-6133171000 传真：0055-6122267101
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巴西环境和可再生自然资源管理局（IBAMA -Instituto Brasileiro do Meio Ambientee dos Recursos Naturais Renováveis）
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Setor de Clubes Norte -SCEN, Trecho 2, Ed. Sede do IBAMA, Bloco "A", CEP 70818-900 -Brasília - DF
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电话：0055-6108008080
传真：0055-6133217713
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C HIC O M E NDE S 生物多样性保护管理局（ICM -Instituto Chico Mendes de Conservaçã o da Biodiversidade）
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SC E N Se t o r C l ube s Esportivos Norte trecho 2, Bloco. "A" Ed. sede do IBAMA CEP-70.818-900 - Brasília – DF
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电话：0055-6133161460
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国家水利局（ANA -Agência Nacional de Águas）
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Setor Policial -SPS -Á rea 05, Quadra 03, Bloco M, CEP 70.610-201 - Brasília - DF
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电话：0055-6121095400，21095252
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里约植物园研究管理局（JBRJ -Instituto de Pesquisas Jardim Botâ nico do Rio de Janeiro）
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Rua Pacheco Leão, 915, Bairro Jardim Botânico -CEP 22.460-030 -Rio de Janeiro - RJ
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电话：0055-2138741808，38741214
传真：0055-2132042522
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Bar car ena发展公司（CODEBAR-Companhia de Desenvolvimento de Barcarena）
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Av. Almirante Barroso, nº 426, Bloco B, 2º andar, CEP 66090-000 -Belém-PA.
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电话：0055-6132280271
传真：0055-6132280374
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Source: Commercial Staff Office, Chinese Embassy in Brazil
Table 3-4: List of laws and regulations on water protection in Brazil
Legal name
time
The main content
Decreto-lei n.o 24643
July 10, 1934
The law, the Brazilian Water Code, guarantees the free use of any water to meet basic living needs, while preventing the extraction of public water for agricultural, industrial and sanitation operations without government authorization or permission
Law 9433
January 8, 1997
Establish a national water resources policy and a national water resources management system
Law 9984
July 17, 2000
Establish a national Water conservancy bureau
Decreto-lei n.o 3692
December 19, 2000
The establishment of the state Water Resources Administration has been provided for
Decree No. 4613
March 11, 2003
The National Water Resources Board has been regulated
Decreto-lei n.o 5440
May 4, 2005
The quality control procedures and related concepts of the water supply system are stipulated, and a mechanism for investigating the information of drinking water quality of residents is set up
Source: Commercial Staff Office, Chinese Embassy in Brazil
Table 3-5: Major forest laws and regulations in Brazil
Legal name
time
The main content
Law 4771
September 15, 1965
A new forest code was established
Decreto-lei n.o 76623
November 17, 1975
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was promulgated and its specific implementation is provided for by Decree No. 3607 of 21 September 2000
Law 6938
August 31, 1981
National environmental policies, objectives and operational mechanisms are stipulated
Decree no. 1 of the State Environment Commission
In 1986,
Basic standards and guidelines for environmental impact reporting are set out
Law 7509
July 4th, 1986
Provisions have been made for the transport of timber by water
Law 7754
April 14, 1989
Forest protection measures for river sources are prescribed
Decreto-lei n.o 750
February 10, 1993
The Atlantic forest regeneration transitional period primary vegetation logging and development were regulated
Decree No. 44 of the Brazilian Agency for the Environment and Renewable Natural Resources
6 April 1993
Provision shall be made for transport permits for forest products
Decreto-lei n.o 1298
27 October 1994
Adopt national forest regulations
Decree no. 237 of the National Environment Commission
In 1997,
Environmental certificates are stipulated in the national environmental policy
Law 9605
February 12, 1998
Environmental Crime Act
Decreto-lei n.o 2661
July 8, 1998
Preventive measures for the use of fire in forest and pastoral areas are prescribed
Decreto-lei n.o 2707
August 4, 1998
Promulgated and adopted the National Tropical Timber Agreement, which was signed in Geneva on 26 January 1994
Decreto-lei n.o 3420
April 20, 2000
Establish a national forest project
Law 9985
July 18, 2000
Provision is made for the establishment of national nature reserves
Decree no. 278 of the State Environment Commission
In 2001,
The logging and development of endangered Trees in the Atlantic ocean are prohibited
Decree No. 302 of the National Environment Commission
In 2002,
The standards, definitions and restrictions for the permanent protection of plantations are stipulated
Decree No. 303 of the State Environment Commission
In 2002,
The standards, definitions and restrictions of permanent protected forests are stipulated
Law 10650
April 16, 2003
Provides that the public has the right to access relevant information and data through the Brazilian National Environmental System
Technical Regulation No. 1 of the Ministry of environment of Brazil
April 23, 2003
Establish an integrated forest products and resource control monitoring system
Decree No. 303 of the Ministry of environment of Brazil
July 30, 2003
Environmental certificates for logging permits in rural areas of the Amazon are regulated
Law 10711
August 5, 2003
Provision is made for the Brazilian national seed and sapling system
Decree No. 3 of the Brazilian Agency for the Environment and Renewable Natural Resources
January 8, 2004
Provisions are made for import and export licences for forest products and by-products and re-export certificates of origin for related products
Technical regulation No. 31 of the Brazilian Agency for the Environment and Renewable Natural Resources
May 27, 2004
The procedures for obtaining relevant permits for mining research and mining activities in national forest areas are stipulated
Technical regulation no. 75 of The Brazilian Agency for the Environment and Renewable Natural Resources
August 25, 2005
Procedures for obtaining clearances for land reform projects and other public projects have been laid down
Technical regulation no. 77 of the Brazilian Agency for the Environment and Renewable Natural Resources
December 7, 2005
The export of timber products and by-products from native and exotic natural forests and plantations is regulated
Decree no. 369 of the State Environment Commission
In 2006,
Special cases of vegetation that may be used in permanent reserves are provided for in cases of low public use, social welfare or environmental impact
Decree no. 379 of the State Environment Commission
In 2006,
Forest management data and information in national environmental systems are regulated
Law 11284
March 2, 2006
Provision is made for the following, including public forest management for sustainable production; Establishment of the Brazilian Forest Service within the Brazilian Ministry of environment; And the establishment of Brazil's National Fund for Forest Development
Technical regulation No. 112 of The Brazilian Agency for the Environment and Renewable Natural Resources
August 21, 2006
The procedures and guidelines for handling forest origin documents are stipulated
Technical Regulation No. 4 of the Ministry of environment of Brazil
December 11, 2006
Provision is made for pre-approval of technical analysis for sustainable forest management
Technical Regulation No. 6 of the Brazilian Agency for the Environment and Renewable Natural Resources
December 15, 2006
Forest restoration and the use of forest raw material products are regulated
Law 11428
December 22, 2006
The use and protection of the native vegetation of the Atlantic forest are regulated
Technical Regulation No. 2 of the Brazilian Agency for the Environment and Renewable Natural Resources
April 26, 2007
Simple management of amazon forest timber management plan analysis within the framework of the Brazilian Environment and Renewable Natural Resources Authority aims to provide support for forest sustainability management plan analysis
Technical Regulation No. 3 of the Brazilian Agency for the Environment and Renewable Natural Resources
May 2nd, 2007
Provide for the development of forests that are financially encouraged and compulsively restored
Decree No. 2 of the Brazilian Forest Service
July 6, 2007
Provision is made for the registration of national public forests
Law 11516
August 28, 2007
Establishment of the CHICO MENDES Biodiversity Conservation Authority
Table 3-6: Major laws and regulations on air pollution
Legal name
time
The main content
Decreto-lei n.o 231
In 1976,
Brazil's Interior Ministry has issued a national air quality standard, which sets emission standards for sulfur dioxide, carbon monoxide, particulate matter and other substances
Decree no. 507
In 1976,
Brazil's Justice Ministry has imposed restrictions on emissions from new petrol cars
Decreto-lei n.o 100
In 1980,
Brazil's interior ministry has imposed restrictions on emissions from diesel vehicles
Decree No. 18 of the National Environment Commission of Brazil
In 1986,
The establishment of automobile air pollution control program is stipulated
Decree No. 4 of the National Environment Commission of Brazil
In 1989,
Hydrocarbon emissions from light vehicles with alcohol engines are regulated
Decree No. 5 of the National Environment Commission of Brazil
In 1989,
Establish a national air quality control program
Legal name
time
The main content
Decree No. 3 of the National Environment Commission of Brazil
In 1990,
Air quality standards have been established and the range of atmospheric pollutants that can be included in air quality monitoring and control has been expanded
Decree No. 8 of the National Environment Commission of Brazil
In 1990,
The maximum limits of atmospheric emissions from external combustion above 70MW are stipulated
Decree No. 1937 of the Brazilian Agency for the Environment and Renewable Natural Resources
In 1990,
The exhaust emission control of imported vehicles has been regulated
Decree No. 7 of the National Environment Commission of Brazil
In 1993,
Emission standards for vehicles in circulation have been established
Decree No. 8 of the National Environment Commission of Brazil
In 1993,
Establish maximum emission limits for domestic and imported engines of new heavy-duty vehicles
Federal law 8723
In 1993,
Basic standards and deadlines for emissions from new and modified vehicles, as well as a definition of the proportion of ethanol in petrol, have been introduced to encourage the use of transport planning as a means of controlling the environment
Decree No. 16 of the National Environment Commission of Brazil
In 1995,
Establishment of new light and heavy vehicles smoke emission indicators permit standards and restrictions
Decree No. 226 of the National Environment Commission of Brazil
In 1997,
Automobile smoke emission limits have been established and targets for commercial biodiesel have been approved
Decree No. 241 of the National Environment Commission of Brazil
In 1998,
The emission limitation period of imported vehicles has been stipulated
Decree No. 256 of the National Environment Commission of Brazil
In 1999,
Time limits and guidelines for monitoring vehicle noise and pollution emissions have been established
Decree No. 251 of the National Environment Commission of Brazil
In 1999,
The maximum emission limit procedures and standards for diesel vehicles have been established
Decree No. 267 of the National Environment Commission of Brazil
In 2000,
The use of substances that destroy the ozone layer is prohibited
Decree No. 41 of the Special Environment Secretariat of Brazil
In 2002,
Standards for atmospheric emissions have been set
Law no. 13806 of the Brazilian Special Environment Secretariat
In 2002,
The control of air pollution control activities and the standards and management of air quality are stipulated
Source: Commercial Staff Office, Chinese Embassy in Brazil
Table 3-7: Environmental impact assessment regulations relating to investment
Legal name
time
The main content
Decree No. 134 of the Rio DE Janeiro State Government
In 1975,
Environmental pollution control and prevention in Rio DE Janeiro state are regulated
Decree No. 1633 of the Rio State Government
In 1977,
A pollution activity permit system has been established
Law 6938
In 1981,
Incorporate environmental permits into national environmental policies, and make mandatory implementation of environmental permits nationwide
Decree No. 1 of the Brazilian Environment Commission
In 1986,
Definitions, responsibilities, basic standards and general guidelines for environmental impact reports are provided
Rio DE Janeiro State Government Law no. 1356
In 1988,
Procedures for the release, analysis and approval of environmental impact reports are defined
Rio DE Janeiro State Government Law no. 1898
In 1991,
Environmental hearings have been regulated
Decree No. 21470 of the Rio State Government
In 1994,
There are detailed rules for environmental hearings
Decree No. 237 of the National Environment Commission of Brazil
In 1997,
Regulations governing environmental permits stipulate the establishment and operation of projects or enterprises for which environmental permits are required.
Source: Commercial Staff Office, Chinese Embassy in Brazil
3. Basic points of environmental laws and regulations
[Existing or potential source control measures] The construction, installation, expansion and use of any construction facility that USES environmental resources and is or will be likely to cause pollution to the environment must obtain prior permission from the government environmental Protection Agency. In some cases, the federal Environmental Protection Agency and the Brazilian Institute of Environmental Renewable Natural Resources have to be analysed to grant permits. For projects or activities that may cause environmental pollution at present or in the future, environmental impact studies and analyses must be carried out and environmental impact analysis reports issued. The above project or activity must obtain the following permissions: (1) Prior permission (LP) : applicable to the preparatory phase of the project implementation, including the basic conditions to be met in the site selection, installation and operation process; (2) Setting permission (LI) : the approval procedure before the project is implemented; (3) Operation permit (LO) : approve the implementation of the project and the operation of the pollution control equipment.
Law No. 9605, enacted in February 1998, stipulates a series of illegal and criminal ACTS that damage the environment, and at the same time promulgate the corresponding punishment measures. The government environmental protection agency shall take the following measures against criminal ACTS: release animals back to their natural habitat or gift them to zoos, foundations or similar institutions to place them under the management of qualified technicians; An article, such as a perishable product or wood, estimated in value and donated to a scientific research institution, hospital, prison or charity; Non-perishable animal resource products and their by-products, which are destroyed or donated to scientific, cultural or educational institutions; Auction should be organized for the tools used to carry out illegal and criminal ACTS, and ensure that they will not be recycled. The following lists the illegal and criminal ACTS damaging the ecological environment and their respective punishment measures:
(1) Crime of destroying fauna
(1) Without the permission or authorization of the relevant government departments, or in violation of the conditions of the permission or authorization, to the native or migratory any wild animals for slaughter, tracking, hunting, capture or use. The penalty is six months imprisonment up to one year and a fine. The same penalty shall be imposed for the following offences: obstructing the reproduction of wildlife resources without the permission or authorization of the relevant government department, or in violation of the conditions of the permission or authorization; Destruction of animal nests, habitats, or natural breeding grounds; To sell, display, export, detain, store, use or transport any native or migratory wild animals and their fertilized eggs, larvae, specimens, etc. without the permission or authorization of the relevant government departments. The penalty is doubled for the following offences: crimes against rare or endangered species; Hunting during the forbidden season; Hunting at night; Abuse of license; Hunting in nature reserves; Use methods or tools that could cause mass destruction. If the crime is caused by professional hunting, the penalty shall be more than three times the fine. This clause does not apply to fishing activities.
(2) Those who export the fur of unprocessed amphibians or reptiles without the permission or authorization of the relevant environmental protection agencies shall be sentenced to imprisonment for not less than one year but not more than three years and shall also be fined.
Whoever introduces an animal species into the country without obtaining an official technical approval report or without the permission of the relevant government department shall be sentenced to imprisonment of not less than three months but not more than one year and shall also be fined.
(4) Whoever maltreats, injures or destroys wild animals, domestic animals or domestic animals of his own or any other country shall be sentenced to imprisonment of not less than three months but not more than one year and shall also be fined.
(5) Where the discharge of sewage or wastes causes the extinction of aquatic animals in rivers, lakes, DAMS, lagoons, bays or Brazilian territorial waters, the offender shall be sentenced to imprisonment for not less than one year but not more than three years and shall also be fined.
If fishing is prohibited during the period specified by relevant government agencies or in places where fishing is prohibited, the offender shall be sentenced to imprisonment for not less than one year and not more than three years, and shall be fined only or concurrently.
Fishing in the following ways: using explosives or other aquatic animals caused
