The Federal Constitution of 1988

The Federal Constitution of the Republic of 1988 provides the basis for a Brazilian program for the conservation of biodiversity and its sustainable use, as well as for carrying out the commitments undertaken by Brazil in relation to the CBD. An entire chapter (Chapter VI: article 225) of The Federal Constitution is devoted to the environment.

The Constitution states that it is the responsibility of the State "to preserve the diversity and integrity of the genetic patrimony of the country", to define protected areas, to protect the flora and fauna and to foster environmental education. In addition a number of Brazilian biomes were declared "national patrimony."

Chapter VIII (Articles 231 and 232) of the Brazilian Constitution is dedicated to the recognition of the rights of the Indians born and resident in national territory, today numbering about 330,000, and divided into 206 ethnic groups. This recognition includes "the lands traditionally occupied by Indians."

The preservation of these lands is of major importance for the conservation of the biodiversity they contain, with a large part of the ecosystems on indigenous lands remaining relatively intact.

The 1988 Constitution includes the basic concepts and measures necessary for the protection of the country's biodiversity. They demonstrate significant progress in the environmental conscience of Brazilian society, and have proved to be very important in terms of the country's capacity to fulfill the terms established in the Convention on Biological Diversity.

Article 225 of the Constitution states that "all have the right to an ecologically balanced environment, which is an asset of common use and essential to a healthy quality of life, and it is the duty of both the Government and the community shall have the duty to defend and preserve it for present and future generations".

According to the Federal Constitution, this implies a duty to "preserve and restore the essential ecological processes and provide for the ecological treatment of species and ecosystems," and to "preserve the diversity and integrity of the genetic patrimony of the country", in addition to defining "territorial spaces and their components which are to receive special protection". These terms can only be altered or suppressed with legal authorization.

One of the most important items in the Constitution is the requirement of an environmental impact study prior to any activities "which may potentially cause significant degradation of the environment". This clause has given society a voice in the licensing of major works which are potentially damaging to the integrity of ecosystems and a threat to wildlife.

Another clause secures the protection of the flora and fauna, and forbids any practice that might put them at risk, result in the extinction of species, or submit animals to cruelty.

The Brazilian Amazon forest, the Atlantic forest, the Pantanal of Mato-Grosso, and the Brazilian coast are part of the ´national patrimony´, and their use is conditioned to the preservation of the environment and natural resources. There have also been demands that the Cerrado (which originally covered nearly one-quarter of the country) and the Caatinga biomes (which covers a significant part of the Brazilian North-east), should also be considered "national patrimony".