atw - International Journal for Nuclear Power | 08/09.2019

atw Vol. 64 (2019) | Issue 8/9 ı August/September
Getúlio Vargas rose to power. Brazil
experienced more than a half century
of populist and military government
until 1985, with a dictatorship in power
from 1964 to 1985. During 1970’s,
this dictatorship continued to lose
legitimacy and validity among the
Brazilian citizenry, which precipitated
the beginning of the end of military
rule. Brazil experienced a number of
initial setbacks during the first 15
years of democracy, but today enjoys a
status as “a vibrant democracy in the
eyes of the world” [120].
Brazil’s nuclear power program has
its origins in the establishment of the
National Research Council in 1951. In
the early 1970’s, construction began
on Brazil’s first nuclear power plant,
Angra-1. Additional units were
planned (Angra 2 & 3), but were put
on hold due to economic problems in
the country. The construction of
Angra-2 was finally resumed in 1995,
and was completed in 2000 [121].
In May 2015, Brazil’s government
announced that “Angra-3 would be
the last nuclear power plant built as a
public works project” which has now
allowed for the ability that any
additional nuclear new-build projects
be undertaken through private
equity 11 [122]. The Angra-3 “project is
estimated to cost $5.6bn and is
scheduled for completion in 2018”
[121].
6.2.2 Government and
Legislative Regime
Brazil is a Federal Republic consisting
of 26 states and one federal district. It
is a civil law system, and its most
recent constitution was ratified in
1988. Its Executive branch is headed
by a president who is both chief and
head of state, and whom appoints
members to the cabinet. The president
is directly elected by an absolute
majority popular vote for a single
four-year term. Brazil’s legislature is
bicameral comprising both the Federal
Senate and the Chamber of Deputies.
The 81 members to the Federal Senate
are directly elected in multi-seat
constituencies by simple majority vote
to serve for a term of eight years.
There are 513 members elected to the
Chamber of Deputies, whom are
elected in multi-seat constituencies
by proportional representation vote to
serve for a term of four years [119].
Brazil’s judicial branch constitutes
the Supreme Federal Court consisting
of 11 justices whom are appointed by
the president and approved by the
Federal Senate, and other subordinate
courts. Appointed justices to the
Supreme Court serve until the
mandatory retirement age of 75. Each
Brazilian state has its own judiciary
system, with locally appointed judges.
These local judicial courts are
responsible for “adjudicating matters
of subnational jurisdiction.” [123].
6.2.2.1 Corruption
In the latest 2017 Transparency International
Corruption Perceptions
Index (CPI), Brazil ranked 96 out of
180 countries (alongside Columbia,
Indonesia, Panama, Peru, Thailand,
and Zambia). Brazil has routinely
been plagued by corruption scandals
since the early twentieth century. In
1951, following his return to power,
President Getúlio Vargas soon found
himself and his administration embroiled
in scandal. It was alleged at
the time that Brazil’s state-run bank
(Bank of Brazil) had granted favorable
loans to a pro-government journalist,
and “after a late-night cabinet meeting
on August 24, 1954… Vargas withdrew
to his bedroom, grabbed a Colt
pistol, and shot himself through the
heart” [124].
Recently, Brazil has seen its politics
upended, and is once again gripped by
an all-consuming scandal, whose tentacles
are reaching farther and deeper
than ever before. The scandal began in
2014 with allegations involving the
state-owned oil company (Petrobas),
and has grown to touch people at the
top of Brazil’s business elites and
politicians. 12
This investigation was
codenamed Lava Jato or Car Wash. A
seemingly typical corruption scandal
at first, what started as a purely
Brazilian scandal soon caught foreign
nations and firms in its net. The discovery
of unlawful payments totaling
“$5bn to company executives and political
parties, put billionaires in jail,
drag[ged] a president into court and
[has] cause[d] irreparable damage to
the finances and reputations of some
of the world’s biggest companies”
[125]. Operation Car Wash has exposed
a permissive culture of systemic
corruption in Brazilian politics, which
includes:
“Seven of the ministers in the new
Temer government… while more than
half of Brazil’s 513 deputies are
currently facing criminal proceedings
for everything from corruption and
attempted homicide to the use of
modern- day slave labor… [with] former
president of the Brazilian House,
Eduardo Cunha, [facing] eleven
separate corruption charges…, [while
in the Senate] one-third of [the] senators
[are] currently fac[ing] criminal
investigations” [126].
6.2.2.2 Legislative Framework
Brazil’s Constitution establishes in its
articles 21 13 and 177 14 the competencies
of the State to exert exclusive control
to operate nuclear energy services
and facilities, including the operation
of nuclear power plants. 15 Thus, the
constitution provides the relevant
powers to the State to exercise these
sole competencies maintaining a
monopoly over all aspects of the
nuclear fuel cycle, from the mining of
uranium to the final disposal of highlevel
nuclear waste and spent nuclear
fuel. The National Commission for
Nuclear Energy (CNEN) was created
in 1956 (Decree 40110 of 10/10/1956)
and maintains custody for all nuclear
activities in the country. Later, CNEN
was reorganized and its responsibilities
were established by Law 4118/62
with alterations established by Laws
6189/74 and 7781/89. Thereafter,
CNEN through its Directorate for
Radiation Protection and Nuclear
Safety (DRS) has assumed Regulatory
Body roles and is accountable for the
regulation, licensing, and control of
nuclear activities in Brazil as it relates
to nuclear safety and security of these
activities, as well as any required
safeguard measures [127].
Law 10308 promulgated on November
20, 2001 expanded the legal
framework encompassing the areas of
DECOMMISSIONING AND WASTE MANAGEMENT 417
11 Recently, Eletrobras Termonuclear SA indicated that it would not be able to honor its debt payments without a renegotiation of the terms of the
agreement. See: Eletronuclear head says may not honor Angra three debts, Reuters Staff, https://www.reuters.com/article/us-eletrobrasnuclear/eletronuclear-head-says-may-not-honor-angra-three-debts-paper-idUSKBN1K61GK,
viewed July 25, 2018. Also see: Brazil's
Eletronuclear woes may lead to supply interruption, Reuters Staff, https://www.reuters.com/article/eletronuclear-outlook/brazils- eletronuclearwoes-may-lead-to-supply-interruption-paper-idUSL1N1OC0O8,
viewed July 25, 2018.
12 http://www.bbc.com/news/world-latin-america-35810578, viewed April 19, 2018.
13 § XXIII, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 2018.
14 § V, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 2018.
15 See: Article 225 §VII, 6, Constitution of Brazil, http://english.tse.jus.br/arquivos/federal-constitution, viewed April 19, 2018.
Decommissioning and Waste Management
Part 4 ı Mark Callis Sanders and Charlotta E. Sanders