Path and protection of constitutional perspectives of the brazilian biodiversity

Abstract

In the face of the traditional historical ineffectiveness of legislation, regarding environmental protection processes and the extinction of biodiversity, the aim of this article is designed to assist in the improvement of process construction and the implementation of said policies on a continental scale. Based on the constitution, this is done by examining the legal instruments in order to guarantee access
for both present and future generations to Brazilian genetic heritage. The constitution was chosen as it is at the core of the Brazilian legal system. After analyzing the environmental issue, which is sited in CF/88, from the perspective of the principle of sustainability, addressing the sub-constitutional legal aspects related to biodiversity
protection and reviewing national public policies in the field according to the constitutional text, the article concludes with general and specific considerations about the mismatch between the legal framework and institutional political intervention surrounding environmental issues and also formulates proposals to overcome this
gap and strengthen these country’s environmental policies.