MECANISMOS JUDICIALES PARA LA PROTECCION DE LOS RECURSOS NATURALES RENOVABLES EN BRASIL

Abstract

The Brazilian Federal Constitution of (1988) recognized the environment as a fundamental right, assigning responsibilities to both the State and society for its preservation. Based on this constitutional framework, judicial instruments such as public civil action, popular action, and environmental habeas corpus have been established, designed to safeguard renewable natural resources. However, in territories such as the state of Amazonas—rich in biodiversity but subject to strong extractive pressures—significant limitations persist that compromise the effectiveness of these legal mechanisms.

This article aims to evaluate the degree of effectiveness of the judicial mechanisms provided for in the Brazilian Constitution for the defense of renewable natural resources in the state of Amazonas, using both a descriptive and analytical approach. Representative cases brought forward by citizen actors and the Public Prosecutor's Office are addressed, aimed at curbing practices such as illegal mining, deforestation, and the unlawful occupation of indigenous lands. Despite an advanced regulatory framework, the effectiveness of these legal actions is hampered by factors such as slow procedural processes, difficulties in accessing justice, and poor institutional coordination.