Brazilian Legal Time of Sustainable Development …
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programs (2000–2030). Nothing better illustrate this than the following: if socioeconomic development is emphasized by the Charter, likewise it recognizes the right
to an ecologically balanced environment
4 both to present and future generations.
As far as a broader vision of development is concerned, it is worthwhile mentioning the Declaration on the right of Development (1986) and the Brundtland Report
of the World Commission on Environment and Development (1987), which seems
to have opened the discussion upon development and enforcement of multidimensional view of human rights as well as sustainable development. Furthermore, the
Earth Charter has associated sustainability to development of democratic societies.
Shortly thereafter, the United Nations Development Program (UNDP-2000 to 2015)
assumed a multidimensional vision of development within a long term program of
actions. The multidimensionality of development was definitely established with the
Agenda 2030 and its 17 SDG. From now on, multidimensional development encompass a new view on complexity of life in earth and inherent risks of the so-called
Anthropocene age. Such new view includes promoting new styles of production and
consumption along with commitment with protecting all fundamental human rights
so as to strengthen personal freedom, resilience of communities and recovery, protection and sustainable use of the natural environment. Therefore, in order to be
sustainable policies must align these 3 pillars of development: economic, social and
environmental.
Certainly, it would be a mistake to assume a perfect connection between the
Brazilian Constitutional view on development with such a new trend. But it would
also be a mistake to state the Charter is insensitive to it. Although the Constitution
does not specify a plain meaning to development in one particular provision, it does
provide partial liaisons that suit the supra mentioned UN agendas. This means that
Brazilian Constitution do recognizes the key contents of the sustainable development
agenda. In other words, Brazil has raised a Constitutional order with substantive ties
with the SDGs. Yet, such ties are not enough to protect its progressive implementation
in 15-year cycles. The required long term running of such policies are not guaranteed
by the Constitutional rules. This meant discontinuance in public policies is admitted.
As far as one can see, this is a significant obstacle to the implementation thereof.
Three obstacles that seriously threat Brazilian commitment with the SDG shall
be analysed here. Firstly, the prevailing one-dimensional view of sustainable development. Secondly, the feebleness of the legal framework which presently underpins
the 2030 Agenda. Finally, the short-term as the prevailing time for the public policies
cycles.
2 One-Dimensional View for Sustainable Development
It is well known that sustainable development stem from environmental debates
UNDP 2010; Boff 2012; Niederle and Radomsky 2016). In addition, the classic motto
of sustainable development evokes less environmental degradation, yet ideal would
4 See Art. 225.
365
programs (2000–2030). Nothing better illustrate this than the following: if socioeconomic development is emphasized by the Charter, likewise it recognizes the right
to an ecologically balanced environment
4 both to present and future generations.
As far as a broader vision of development is concerned, it is worthwhile mentioning the Declaration on the right of Development (1986) and the Brundtland Report
of the World Commission on Environment and Development (1987), which seems
to have opened the discussion upon development and enforcement of multidimensional view of human rights as well as sustainable development. Furthermore, the
Earth Charter has associated sustainability to development of democratic societies.
Shortly thereafter, the United Nations Development Program (UNDP-2000 to 2015)
assumed a multidimensional vision of development within a long term program of
actions. The multidimensionality of development was definitely established with the
Agenda 2030 and its 17 SDG. From now on, multidimensional development encompass a new view on complexity of life in earth and inherent risks of the so-called
Anthropocene age. Such new view includes promoting new styles of production and
consumption along with commitment with protecting all fundamental human rights
so as to strengthen personal freedom, resilience of communities and recovery, protection and sustainable use of the natural environment. Therefore, in order to be
sustainable policies must align these 3 pillars of development: economic, social and
environmental.
Certainly, it would be a mistake to assume a perfect connection between the
Brazilian Constitutional view on development with such a new trend. But it would
also be a mistake to state the Charter is insensitive to it. Although the Constitution
does not specify a plain meaning to development in one particular provision, it does
provide partial liaisons that suit the supra mentioned UN agendas. This means that
Brazilian Constitution do recognizes the key contents of the sustainable development
agenda. In other words, Brazil has raised a Constitutional order with substantive ties
with the SDGs. Yet, such ties are not enough to protect its progressive implementation
in 15-year cycles. The required long term running of such policies are not guaranteed
by the Constitutional rules. This meant discontinuance in public policies is admitted.
As far as one can see, this is a significant obstacle to the implementation thereof.
Three obstacles that seriously threat Brazilian commitment with the SDG shall
be analysed here. Firstly, the prevailing one-dimensional view of sustainable development. Secondly, the feebleness of the legal framework which presently underpins
the 2030 Agenda. Finally, the short-term as the prevailing time for the public policies
cycles.
2 One-Dimensional View for Sustainable Development
It is well known that sustainable development stem from environmental debates
UNDP 2010; Boff 2012; Niederle and Radomsky 2016). In addition, the classic motto
of sustainable development evokes less environmental degradation, yet ideal would
4 See Art. 225.