GEO Brasil - UNEP

Persisting sectorial approaches, soil occupation, massive
construction and the substantial volume of public and
private resources invested by both the State and by citizens
in the social and economic infra-structure throughout the
years, occupation runs the serious risk of not being
considered a significant social cost.
Legal and Institutional Macro -Framework for
Territorial Planning
a) The Federal Constitution - deals with the environment
in Chapter VI. Article 225 in conjunction with the
depositions in articles 21, 23, 24, 25 and 30, among
others, constitutes an adequate basis, though not
perfect, for the development and improvement of ruling
on soil use.
b) Despite the well-developed characteristics of
environmental and natural resources legislation, it still
needs compatible rules within the legislation. This is
true for the existence of specific laws ruling over the
same theme. These laws are contradicting in view of
unsuitable sectorial focus, and this causes
fragmentation of the reality which these laws intend to
regulate. The issues covering management of water and
forest resources are specially in need of revision, as
already highlighted in Chapter II.
c) A complex institutional framework is characterised by a
diversity of agents comprising MMA, IBAMA, OEMAs,
NGOs, among others. Environment is not a sectorial
theme - it encompasses all activities. The link between
forest fomentation and rubber extraction, and IBAMA’s
environmental control and inspection, for example,
require several adjustments in regards to topics related
to forest conditions and biodiversity.
d) The territorial management treatment is divided among
several ministries and it is separate from other
environmental and territorial issues.
e) The management of national and regional territory
(territorial ordinance) is mentioned in the Federal
Constitution as a subject under the Union’s
responsibility. Although it is of utmost importance in
the previously presented geopolitical context, this
management has not yet been institutionally
empowered in a deserving fashion. The Ecological-
Economical Zoning programme is the main instrument
the State has to regulate the Brazilian territory. Its main
objective is the gradual transformation of the
development parameters adopted in the country with a
view to adopt the social, economic, cultural and
ecologically sustainable development model. Its coordination
has previously been the responsibility of the
CCZEE - Ecological-Economical Zoning Co-ordination
Commission, created and established (Decree no.
99.540, of 21/09/90) with the aim to conduct and manage
the process of zoning implementation in its various
phases and its related detailing levels. This Commission,
presided by SAE (Art.15, Law no. 8.028 of 12/04/90) was
constituted by representatives of several ministries and
government agencies, and also representatives of
states in whose territory the zoning activities were being
planned. The Commission should then plan, coordinate,
follow up and assess the execution of projects
and, finally, link with the states involved and give them
support in the sense of making federal and state
interests compatible. To this end, the Commission had
the power to create Work Groups and designate subcommissions
(Decree no. 99540 of 21/09/90).
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