seem satisfied with the domestic legislation in place, which is composed of acts and
statutes that have instituted policies, sectorial plans, and specific programs.
In light the confusing mix of marine environmental public policies, plans and
actions in place, increased coherence, cohesion, simplification and effectiveness
could be achieved through the adoption of marine environmental legislation for
different maritime zones. Cohesion in the early stages of drafting basic acts and
rules, for instance, should lead to cohesion at the end of the process—upon designing
policies, plans of action, and shaping the work of executive agencies. A “streamlined
approach” to marine environmental management could offer better conditions for the
country to tackle the problem of the existing multiple governmental bodies charged
with marine protection (law-making, decision-making, and law-enforcing), each of
which independently regulated, thus minimizing the potential for contradictory rules
in disagreement with the legislation in force. Such a flaw hinders not only enforcement efforts and the overall effectiveness of the Brazilian marine environmental
system, but also hampers investments in the country’s blue economy.
The following items concentrate on the qualitative analysis of Brazilian legislation, respecting the three axes described before: conservation of biodiversity; prevention, reduction and control and pollution; and regulation of marine scientific
research—all of them with respect to continental shelf activities. The examination of
domestic legislation is structured from the most general to the more specific norms,
i.e. from the general norms applicable to the continental shelf of the Brazilian Blue
Amazon, to the ones applicable to particular seabed activities under Brazilian
jurisdiction.
10.2.1 General Rules on the Continental Shelf
Following the Kelsenian pyramidal hierarchy of legal norms, the Brazilian legal
order has the Federal Constitution at its vertex, followed by international treaties
ratified by the Brazilian Congress, complementary laws to the Constitution, domestic ordinary legislation and, finally, decrees, resolutions and other sorts of administrative norms. Regarding the continental shelf in general, the Federal Constitution
stipulates in Art. 20 (5) that the marine resources thereof are property of the Union.
In light of the straightforwardness of that provision, there is little to dissect in it, but
to affirm that it seems consonant with the rules and philosophy of Part VI UNCLOS.
That is one of the two constitutional clauses which explicitly mention the continental
shelf, the other one being of little use to this work.
72
The Brazilian Constitution, which was drafter in 1988, incorporated the rising
environmental conscience of the time and codified important environmental
72 Art. 20 (1) of the Brazilian Federal Constitution dictates that states and municipalities where the
exploitation of oil and gas from the continental shelf occur shall be financially compensated for the
risks inherent to that activity.
320
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...
statutes that have instituted policies, sectorial plans, and specific programs.
In light the confusing mix of marine environmental public policies, plans and
actions in place, increased coherence, cohesion, simplification and effectiveness
could be achieved through the adoption of marine environmental legislation for
different maritime zones. Cohesion in the early stages of drafting basic acts and
rules, for instance, should lead to cohesion at the end of the process—upon designing
policies, plans of action, and shaping the work of executive agencies. A “streamlined
approach” to marine environmental management could offer better conditions for the
country to tackle the problem of the existing multiple governmental bodies charged
with marine protection (law-making, decision-making, and law-enforcing), each of
which independently regulated, thus minimizing the potential for contradictory rules
in disagreement with the legislation in force. Such a flaw hinders not only enforcement efforts and the overall effectiveness of the Brazilian marine environmental
system, but also hampers investments in the country’s blue economy.
The following items concentrate on the qualitative analysis of Brazilian legislation, respecting the three axes described before: conservation of biodiversity; prevention, reduction and control and pollution; and regulation of marine scientific
research—all of them with respect to continental shelf activities. The examination of
domestic legislation is structured from the most general to the more specific norms,
i.e. from the general norms applicable to the continental shelf of the Brazilian Blue
Amazon, to the ones applicable to particular seabed activities under Brazilian
jurisdiction.
10.2.1 General Rules on the Continental Shelf
Following the Kelsenian pyramidal hierarchy of legal norms, the Brazilian legal
order has the Federal Constitution at its vertex, followed by international treaties
ratified by the Brazilian Congress, complementary laws to the Constitution, domestic ordinary legislation and, finally, decrees, resolutions and other sorts of administrative norms. Regarding the continental shelf in general, the Federal Constitution
stipulates in Art. 20 (5) that the marine resources thereof are property of the Union.
In light of the straightforwardness of that provision, there is little to dissect in it, but
to affirm that it seems consonant with the rules and philosophy of Part VI UNCLOS.
That is one of the two constitutional clauses which explicitly mention the continental
shelf, the other one being of little use to this work.
72
The Brazilian Constitution, which was drafter in 1988, incorporated the rising
environmental conscience of the time and codified important environmental
72 Art. 20 (1) of the Brazilian Federal Constitution dictates that states and municipalities where the
exploitation of oil and gas from the continental shelf occur shall be financially compensated for the
risks inherent to that activity.
320
10 Brazilian Legal Framework Applicable to the Blue Amazon’s...