1. Access to environmental information in Europe and in Brazil: the realization of the fundamental right to participate
Ana Clara Discacciati
Stiftung der Hessischen Anwaltschaft / Universität Kassel
EELF Conference 2016
16/09/2016

2. Impact of international law in the national system
Aarhus Convention (1998)
Access to information Participation Access to courts
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

3. Environmental Democracy
“The Aarhus Convention is a new kind of environmental agreement. It links environmental rights and human rights, acknowledges that we owe an obligation to future generations and establishes that sustainable development can be achieved only through the involvement of all stakeholders.” (United Nations Implementation Guide)
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

4. Brazilian Constitution (1988)
Art Everyone has the right to an ecologically balanced environment and of common use and essential to a healthy quality of life, imposing to the government and the society the duty to defend it and preserved it for present and future generations.
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

5. Access to environmental information: Law n. 10.650/2003
Brazilian Law for the right to access to environmental informations
Law project: June > Explicit influence of the Aarhus Convention
Promulgation: 2003
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

6. Access to environmental information: Law n. 10.650/2003
Similarities:
30 days for official answer to an information request;
Definition of confidential and sensitive information;
Collection and dissemination of information by the government with reports and annual documents;
Exclusion of judicial and legislative organs
Main differences
Only individuals may request information;
Consumer rights
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

7. Access to environmental information: Law n. 10.650/2003
SISNAMA – National Coordenated System for the Environment
Includes all organs and municipal, state and federal agencies;
Created in 1981;
Law aims the integration of the three levels → exchange of information for a greater efficiency
Superior Organ
Consultative Organ
Execution Organ
State Organs
Local Organs
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

8. Effectiviness of the access to information
European Court of Justice: Case C-204/09 -> Flachglas Torgau vs. Federal Republic of Germany
Information request to German Ministry of Environment about a legislative process → denial due to exception for legislative and judicial bodies
Reference for preliminary ruling → Does the term “legislative and judicial bodies” apply to cases in which the executive has only issued bills and/or makes opinions on the topics of novel legislation?
The exception should be exercised only during the legislative process
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

9. Effectiviness of the access to information
Brazilian Superior Court of Justice: Case MS /DF -> Nei Francio vs. Ministry of Environment
Right to information vs. Right to honor
State Court of Justice: RN-Cv /001 -> VDL Siderurgia Ltda. vs. State Forestry Institut
Access to the environmental information system was suspended by the administrative institution
State Court of Justice: AI-Cv /001 -> State Prosecution vs. State of Minas Gerais
Difficulty when trying to access the environmental data bank
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016

10. Conclusions Hypothesis:
All the information access demands are being well answered, with no need to judicial litigation for the implementation of the correspondent right in factual cases OR
The society hasn’t yet developed the interest in environmental information and the demand is far below than expected.
The participation in environmental issues is only possible when the affected and the interested branches of the society are aware of the projects and the points of which it has been discussed.
The access to information about environmental matters is the first step for an effective participation.
EELF Conference 2016 – Ana Clara Discacciati
16/09/2016