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Environmental Law No. 6.938.

Country
Brazil
Type of law
Legislation
Date of original text
Date of latest amendment
Source
FAO , FAOLEX
Keywords
Abstract
This Law, based on article 8, no 17, paragraphs c), h) and i) of the Federal Constitution, establishes the National Environmental Policy, its aims, formulation and enforcement mechanisms; the National Environmental System; the National Environmental Council and the Federal Technical Register of the Activities and Instruments of Environmental Protection. The National Environmental Policy has the aim of preserving, improving and recovering the environmental quality conducive of a healthy life, with a view to ensuring socio-economic development, the interests of national security and the protection of human life. This Act establishes the National Environmental Council NAENVCO, its composition, organization, responsibilities and mode of operation shall be regulated by the Executive Power. It establishes as well penalties defined by the federal, state and municipal legislation, the non-compliance with the measures necessary for the prevention and correction of the damages caused by the degradation of the environmental quality.
Attached files
http://faolex.fao.org/docs/pdf/bra12932ENG.pdf
http://faolex.fao.org/docs/pdf/bra12932.pdf
Web site
http://www.planalto.gov.br
Entry into force notes
This Law enters into force on the day of its publication.
Notes
Last amended up to Law No. 15.190 of 8 August 2025.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Lei n. 6.938 - Dispõe sobre a Política Nacional do Meio Ambiente, seus fins e mecanismos de formulação e aplicação, e dá outras providências.
Amended by
Law No. 14.785 on research, experimentation, production, packaging, labelling, transport, storage, commercialization, use, import, export, final destination of waste and packaging, registration, classification, control, inspection and supervision of pesticides, environmental control products, technical and similar products.
Law No. 12.727 amending Law No. 12.651 on the protection of Native Forests.
Law No. 12.651 on the protection of Native Forests.
Complementary Law No. 140 on administrative proceedings related to the protection of natural heritage, the environment, combating pollution and the preservation of forests, fauna and flora and amending the Environmental Policy Act.
Complementary Law No. 140 establishing rules, pursuant to art. 23 of the Federal Constitution, for cooperation between the Union, the States, the Federal District, and the Municipalities in administrative actions arising from the exercise of joint jurisdiction relating to the protection of notable natural landscapes, the protection of the environment, the fight against pollution in any of its forms, and the preservation of forests, fauna, and flora; and amends Law No. 6.938 of 31 August 1981.
Law No. 11.284 on public forests management for sustainable production and other provisions.
Law No. 11.105 ruling on Genetically Modified Organisms (GMO) use and other provisions.
Act No. 10.165 amending Environmental Policy (Act No. 6.938).
Law No. 9.966 providing for the prevention, control and monitoring of pollution caused by the release of oil and other harmful or dangerous substances in waters under national jurisdiction and other measures.
Law No. 9.960 establishing Environmental Fees for Administrative Service (TSA) and for Environmental Control (TFA).
Implemented by
Resolution CEMAm No. 15 establishing criteria and requirements for environmental licensing of Industrial Centres, created and managed by Industrial Districts Company of Goiás.
Resolution CONAM No. 1 regulating the norms for issuing environmental authorization within the Federal District.
Resolution COEMA No. 116 providing for municipal competence on local environmental impact within the State of Pará.
Law No. 17.279 establishing the State Technical Registry of Potentially Polluting Activities or Users of Environmental Resources within the SISNAMA, as well as the Environmental Inspection Control Fee.
Law No. 13.361 establishing the State Technical Cadastre for Potentially Polluting Activities.
Decree No. 5.975 regulating Forestry Code of 1965 and Law No. 10.650 of 2003 on Sustainable Forest Management, and amending other provisions.
Normative Instruction No. 65 on licensing procedures for hydroelectric plants and small electricity plants.
Decree No. 4.297 ruling on Ecologic-Economical Zoning of Brazil.
Resolution CONAMA No. 261 approving the parametres to analyze the stages of Restinga vegetation in the State of Santa Catarina.
Resolution CONAMA No. 238 approving the National Policy for the Control of Desertification.
Administrative Decree No. 44-N approving rules and procedures for the collection of pecuniary penalties and other debts owed to IBAMA.
Resolution Conama No. 37 regulating classification and import-export procedures of dangerous residues.
Order No. 48-N creating a national administration on environmental information (RENIMA).
Decree No. 99.274 regulating Law No. 6.902 and Law No. 6.938 respectively on the creation of Ecological Stations and Environmental Protection Areas and on the National Environmental Policy.
Law No. 7.661 establishing National Planning for Coastal Zone Management.
Resolution Conama No. 20 establishing a classification of fresh, brackish and marine waters.
Decree No. 88.351 regulating Environmental Policy Act No. 6.938 of 31 August 1981 and Act No. 6.902 of 27 April 1981 on the creation of protected areas.