Economic Environmental Law and the construction of the national legal system in environmental matters: an analysis of the Brazilian position regarding the command-control binomial and economic instruments Leonardo Alves Correa, Lucas Fonseca Marinho

Abstract

Traditionally, environmental policies have been guided by the adoption of command and control instruments, at least in the context of their actual implementation. However, there is a great scarcity in the legal literature regarding the reasons for the predominance of this model in our environmental legal system. Thus, considering Brazil's performance in the main International Environmental Conferences and Treaties, as well as the content of the main national standards related to Environmental Law in the country since its conception, especially the National Environmental Policy (Federal Law No. 6,938/1981), the question is: Has Brazil adopted, throughout the construction of its environmental legal framework, a perspective exclusively centered on command and control? The hypothesis of the present work, therefore,