On Roles And Functions Of Brazilian Prosecuting Authority In Environmental Law Implementation

As we all know, Brazil, the largest country in Latin America, is the site of oneof the world’s main developing countries, as well as one of the BRICS. It with Chinaand Japan belong to the continental law system countries. It is similar to otherdeveloping countries, while triggering a series of environmental problems, economicdevelopment and environmental issues have become increasingly acute. After theend of World War II, Brazil developed domestic industrialized construction, and inthe1960s and1970s created a world-famous “Brazilian economic miracle”.However, this type of quick success industrialization has very serious negativeeffects, mainly in the neglect of environmental protection, causing environmentalpollution and destruction of natural resources. Brazilian environmental legislation isrelatively complete compare to the other developing countries, but, due to manyobjective factors, leading to the implementation of environmental law in Brazil wasunsatisfactory. Thus, since the1980s, Brazil, by amending the Constitution andissuing a series of laws, clear environmental rights, emphasizes the status andpowers of the prosecuting authority in environmental law. Among them, theprosecuting authority has become the “fourth authority” which is independent of theprinciple of “separation of powers, mutual restraint”. So, the prosecuting authority,as environmental prosecutors involved in environmental litigation, promotingimplement environmental laws, in the environmental litigation field, especially inpublic interest litigation, plays an irreplaceable role. After reforming, the Brazilianprosecuting authority plays the roles in public interest litigation that are even moreactive than the functions of original criminal prosecution.The first Brazilian prosecuting authority to intervene in an environmental litigation case was in the1980s. After that, a large number of related cases of theenvironment appeared, and Brazilian prosecutors received public complaintsregarding environmental issues from the south industrialized Sao Paulo to the northof Amazon River State of Para. Depends on this, to doing public investigation,organized the public interest litigation and criminal litigation of environmentaldamage into files, and aimed at environmental damage to submit public interestlitigation and criminal litigation. Brazil’s environmental civil litigation system is anew type of system which was mainly generated based upon an imitated, extendedand innovated version of the class action lawsuit system of the United States.However, the specific contents of this public interest litigation system differs fromthe United States class action lawsuit system, and in the class action lawsuit system,the litigant designation system and other group litigation system in Germany, Japan,Switzerland and other countries are also important differences. The prosecution’sintervention effectively promotes the implementation and development ofenvironmental civil action. During environmental civil litigation systemestablishment, Brazilian prosecuting authority plays an irreplaceable role, at thesame time, in the judicial practice of environmental civil litigation; Brazilianprosecuting authority has become one of the key members to file civil public interestlitigation.Brazilian public prosecutors are members of the prosecuting authority. Brazilianprosecuting authority included26state prosecuting authorities and federalprosecuting authority. In1988, the federal constitution of Brazil accredited theprosecuting authority to protect the environmental interests. Prosecutors of federaland state governments perform the commitments on the protection of theenvironment, solving the liability problems of environmental damage with publicinvestigation and litigation. Brazilian prosecuting authority became a new model to enforce environmental law. In Brazil, the most important environmental cases arefiled as lawsuits to court by prosecutors. Prosecutors in the investigation ofenvironmental events and submit of environmental litigation claims has played apositive role, conducive to the environmental law implementation, and fills a blankspace in public interest environmental litigation. This raised Brazilian prosecutingauthority, in terms of environmental law, to a prestigious position. With vigorouspromotion of Brazilian prosecutors, individual enterprises, and government agenciesbecame more a serious to treat environmental law, and pay more attention toconsider environmental factors. The intervention of prosecuting authority promotesthe implementation of environmental law; the Environmental Protection Agency alsohas become more focused on the implementation of environmental law, and crackingdown on corruption. Citizens who are concerned about the environment have begunto apply the law to challenge other citizens, businesses, and governments who causethe environmental damage. Prosecuting authority has made a great contribution inthe formation of supporting and strengthening of the rule of law culture.Environmental law is not a dead letter, but closely related to the law of the people’sdaily environment which really plays a role.This paper seeks to play the role of Brazilian prosecuting authority inenvironmental litigation for a starting point, and meticulously analysis thedevelopment process, the role and function of the Brazilian prosecuting authoritydealing with environmental civil, administrative and criminal aspects of the incident.At the same time, analysis the pros and cons of Brazilian prosecuting authorityintervention with regard to the implementation of environmental law, elaborate onthe deficiency of our national prosecuting authority intervention with regard to theimplementation of environmental law, suggest clear legal channels that our nationalprosecuting authority intervention with regard to the environmental litigation, in order to perfect our environmental litigation system.