The 1988 Brazilian Federal Constitution was influenced by the 1976 Portuguese Constitution, particularly its Article 66 (Environment and Quality of Life), in recognising the state's duty to protect the environment. However, Article 225 of the 1988 Constitution is more developed, not only because it provides specific protection for uniquely Brazilian realities (such as the Amazon and Pantanal biomes, §4), but also because it ensures a qualitatively superior level of protection. Examples include the constitutionalisation of the requirement for prior environmental impact studies and the tripartite responsibility for environmental damage (§1, IV and §3). The country's rich ecosystems and federal structure have contributed to a robust body of case law in this field.
The relative novelty of environmental law — a young legal domain compared to centuries-old fields such as Civil Law and Administrative Law — complicates its study. This is further challenged by the urgency and emotional weight of certain environmental issues, often leading to responses driven more by emotion than reason. Moreover, environmental protection is a constitutional value but not the only one, making the balancing of rights and interests, such as licensing a tourist development in a protected area versus local development, or protecting Atlantic Forest areas versus the right to housing, a complex task.
Since 2008, I have encountered Brazilian students in my Environmental Law seminars at FDUL, through whom I have become aware of many topics and issues debated in Brazilian jurisprudence. With the assistance of three such students, now Master's graduates — André Dickstein, Monique Gonçalves, and Nathalie Giordano — I decided to promote this publication. It is intended to be a resource for students and legal professionals alike. The three organisers selected the cases, and I coordinated the publication, aiming for a formal uniformity while preserving the academic freedom of thought and critique of the rulings discussed. The twelve judgments, issued by the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), were chosen for their recent dates, the diversity and significance of the topics addressed, and the controversy surrounding the solutions adopted. I am deeply grateful to all the students who contributed to this project — most of whom are now Master's graduates in Law, with some still on their way to achieving this milestone. I hope this initiative will inspire further projects, in this and other areas, related to Brazilian Environmental Law. Finally, I hope students, professionals, and the general public find this book valuable.
