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C. L. Strapazzon and C. B. Wandscheer
be non-degradation. Yet, this one-dimensional view has proved to be insufficient to
achieve real sustainable development, once social or economic neglects immediately
impact on environment. Unfortunately, this partial view of the phenomena is still
dominant in Brazilian legal order.
With the aim to identify the most common sense of sustainable development
applied by the Brazilian legislation it was undertaken an analysis on national legislation, both in form and content.
5
The first analysis of the data corresponds to the period that comes from January 2010 to March 2018. Such time was chosen in view of the first UNDP Report
addressing the theme of sustainable development yet still focused on the environmental aspect. Over this period of time, none Laws were found. As a matter of fact,
only 7 Presidential Decrees were found mentioning the term sustainable development
(Wandscheer et al. 2018). Out of this amount, 4 were substantially related to environment.
6 Thus, 57% of the norms were referred to environmental issues while 100%
thereof were soft instruments of regulation: Presidential Decrees. The second part of
the research has contemplated the period from September 2015 to January 2019. The
database was again the federal legislation made available by the Presidency of the
Republic. Sustainable development was present in 13 Presidential Decrees, 1 Provisional Measure
7 and 1 Legislative Decree, enacted by the Congress. Whenever the
single word sustainable was adopted, the outcome was the following: 20 Presidential Decrees, 1 Law, 1 Provisional Measure and 2 Legislative Decrees enacted by the
Congress. It might be observed that the second search encompassed all the outcomes
of the first one. Therefore, there was no increase in regulations when the keywords
were replaced. It is also observed that of the normative instruments analysed from
September 2015 to January 2019, the term sustainable development appears in the
descriptions (menus) of 29% of normative acts. In others it is an integral part of the
provisions (articles) in the regulations found.
5 The research focused exclusively on the use of sustainable development within the Brazilian
legislation. The main goal was to know whether one-dimensional or multidimensional view was
applied. This do not exclude other normative instruments that might have been edited without any
references to sustainable development. As many countries have already done, in 2017 Brazil also
carried out its National Voluntary Report on SDG, a comprehensive survey of all existing legislation
so as to know to what extent the legislation and public policies in force were compatible with SDG.
The study compared all 241 indicators and 169 targets of the SDG with 1.132 targets and 303 goals
of the 2016–2019 Government Action Plan. Although the outcomes of such Report have never been
confirmed by critics from outside the official establishment, it shows up that 86% of the targets and
78% of the ODS indicators were already covered by Brazilian legislation (BRAZIL 2017, p 27).
6 As for the rest, 1 refers to the National Commission for the Sustainable Development Objectives,
1 establishes environmental licensing criteria and the last one on hiring of public administration.
7 The Provisional Measure is enacted by the President in cases of both urgency and relevance. By
one side, it is similar to Presidential Decrees, by the other, it is similar to laws because once in force
it is as mandatory as a real law. It does not have the perenniality of the laws, though. Its temporal
limit is 120 days. Once in force it likewise serves as a Bill because of the requirement of validation
by the part of Legislative branch throughout the 120 days of enforcement. In case of approval, the
provisional become perennial. A new number as well as a new law is enacted. As with any legal
rule, should Congress overturn thereof, from that moment onwards it will no longer be a mandatory
norm.
C. L. Strapazzon and C. B. Wandscheer
be non-degradation. Yet, this one-dimensional view has proved to be insufficient to
achieve real sustainable development, once social or economic neglects immediately
impact on environment. Unfortunately, this partial view of the phenomena is still
dominant in Brazilian legal order.
With the aim to identify the most common sense of sustainable development
applied by the Brazilian legislation it was undertaken an analysis on national legislation, both in form and content.
5
The first analysis of the data corresponds to the period that comes from January 2010 to March 2018. Such time was chosen in view of the first UNDP Report
addressing the theme of sustainable development yet still focused on the environmental aspect. Over this period of time, none Laws were found. As a matter of fact,
only 7 Presidential Decrees were found mentioning the term sustainable development
(Wandscheer et al. 2018). Out of this amount, 4 were substantially related to environment.
6 Thus, 57% of the norms were referred to environmental issues while 100%
thereof were soft instruments of regulation: Presidential Decrees. The second part of
the research has contemplated the period from September 2015 to January 2019. The
database was again the federal legislation made available by the Presidency of the
Republic. Sustainable development was present in 13 Presidential Decrees, 1 Provisional Measure
7 and 1 Legislative Decree, enacted by the Congress. Whenever the
single word sustainable was adopted, the outcome was the following: 20 Presidential Decrees, 1 Law, 1 Provisional Measure and 2 Legislative Decrees enacted by the
Congress. It might be observed that the second search encompassed all the outcomes
of the first one. Therefore, there was no increase in regulations when the keywords
were replaced. It is also observed that of the normative instruments analysed from
September 2015 to January 2019, the term sustainable development appears in the
descriptions (menus) of 29% of normative acts. In others it is an integral part of the
provisions (articles) in the regulations found.
5 The research focused exclusively on the use of sustainable development within the Brazilian
legislation. The main goal was to know whether one-dimensional or multidimensional view was
applied. This do not exclude other normative instruments that might have been edited without any
references to sustainable development. As many countries have already done, in 2017 Brazil also
carried out its National Voluntary Report on SDG, a comprehensive survey of all existing legislation
so as to know to what extent the legislation and public policies in force were compatible with SDG.
The study compared all 241 indicators and 169 targets of the SDG with 1.132 targets and 303 goals
of the 2016–2019 Government Action Plan. Although the outcomes of such Report have never been
confirmed by critics from outside the official establishment, it shows up that 86% of the targets and
78% of the ODS indicators were already covered by Brazilian legislation (BRAZIL 2017, p 27).
6 As for the rest, 1 refers to the National Commission for the Sustainable Development Objectives,
1 establishes environmental licensing criteria and the last one on hiring of public administration.
7 The Provisional Measure is enacted by the President in cases of both urgency and relevance. By
one side, it is similar to Presidential Decrees, by the other, it is similar to laws because once in force
it is as mandatory as a real law. It does not have the perenniality of the laws, though. Its temporal
limit is 120 days. Once in force it likewise serves as a Bill because of the requirement of validation
by the part of Legislative branch throughout the 120 days of enforcement. In case of approval, the
provisional become perennial. A new number as well as a new law is enacted. As with any legal
rule, should Congress overturn thereof, from that moment onwards it will no longer be a mandatory
norm.