- Interaction with regulatory agencies: Building solid relationships with environmental agencies is vital for effectively resolving potential conflicts; - Producing technical evidence: Presenting technical reports and expert opinions to support the defence often requires a multidisciplinary team, including engineers, geologists, biologists, and others, in addition to lawyers; - Negotiating Consent Decrees (TAC): Pursuing out-of-court settlements can be an effective strategy for resolving certain conflicts; - Appeal strategies: Lawyers must be fully aware of the available administrative and judicial appeal options to defend their clients’ interests effectively; - Challenges in large projects: Complexity increases in large-scale projects due to pressure from interest groups and the need to mitigate environmental impacts; - Changes in environmental policies: Shifts in government policies can have a direct impact on the environmental administrative process; - Resource limitations in government agencies: Insufficient resources and infrastructure in environmental agencies can result in delays and inconsistencies in procedures; - Preventive strategies: The significance of preventive consultancy and the implementation of environmental compliance programmes to mitigate future risks and losses. Can you share a case or situation where environmental judicial litigation played a pivotal role in shaping environmental policy or corporate behavior? In April 2020, the Federal Supreme Court (STF) ruled on Extraordinary Appeal (RE) 654.833, under General Repercussion 999, and recognised that actions for damages related to environmental harm are not subject to statute of limitations. This judgment significantly altered the approach to environmental damage and civil redress, as numerous legal disputes across Brazil had seen the Public Prosecutor’s Office argue that claims for damages arising from environmental harm were not subject to a statute of We navigate multifaceted scenarios that demand indepth technical expertise, solid negotiation skills, and the flexibility to adapt to constant market changes. It remains a continuous challenge. limitations. In contrast, environmental lawyers contended that such claims were subject to a statute of limitations, with the absence of a time limit being the exception rather than the rule. This decision completely shifted the approach of both urban and rural entrepreneurs, as well as public managers, who became even more stringent in their resolutions. With Brazil’s vast biodiversity, how do you ensure compliance with both national and international environmental regulations? Brazil has demonstrated a strong commitment to environmental protection by aligning its domestic policies with international standards. The country employs various mechanisms to ensure compliance with environmental regulations: - Adherence to international treaties: Brazil is a signatory to numerous global environmental agreements, including the Paris Agreement and the Convention on Biological Diversity; WWW.LAWYER-MONTHLY.COM 33
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