Abstract
Brazil’s commitment with SDG might be mere demagoguery without a suitable regulatory framework to grant the continuity of actions in long cycles of policies. This paper explores the existing contrast between the Brazilian model of planning its policies and the view of AGENDA 2030. The significance of the time of development has emerged with MDG Agenda, but it seems to be even more relevant nowadays. In both Agenda, goals and targets have a 15-years duration. Such guideline was meant to implement goals progressively, avoiding setbacks. This paper is aimed at presenting the time, form and somehow the substance inherent to Brazilian regulatory model of planning public policies as well as underline legal barriers existing therein to achieve sustainable development goals. In doing so, it points out three major legal obstacles: (1) the one-dimensional meaning of sustainability noticeable in such regulation, (2) the weak regulation of Agenda 2030 and (3) the legal model of planning development, usually limited to 4-year cycles. It is argued that the Agenda 2030 will fail in Brazil should a new model of regulation suitable with innovations required to implement ODS in 15-year cycles is not set out.
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Notes
- 1.
See Art. 21, IX.
- 2.
E.g. Art. 23 § un;.
- 3.
See Art. 21, XX, Art. 182 (urban development); Art. 180 (tourism as a source of development); Art. 35, III, e; Art. 167, IV, Art. 212, Art. 214, Art. 216-A, Art. 60-ADCT (development of education, health and cultural systems); Art. 174 § 1°, Art. 43, Art. 151, I, Art. 159, I, c; Art. 34 § 11-ADCT (regional development); Art. 218; Art. 219-A (development of science); Art. 219 (domestic market as a mean of development); Art. 239 (economic development; National Bank for Social and Economic Development).
- 4.
See Art. 225.
- 5.
The research focused exclusively on the use of sustainable development within the Brazilian legislation. The main goal was to know whether one-dimensional or multidimensional view was applied. This do not exclude other normative instruments that might have been edited without any references to sustainable development. As many countries have already done, in 2017 Brazil also carried out its National Voluntary Report on SDG, a comprehensive survey of all existing legislation so as to know to what extent the legislation and public policies in force were compatible with SDG. The study compared all 241 indicators and 169 targets of the SDG with 1.132 targets and 303 goals of the 2016–2019 Government Action Plan. Although the outcomes of such Report have never been confirmed by critics from outside the official establishment, it shows up that 86% of the targets and 78% of the ODS indicators were already covered by Brazilian legislation (BRAZIL 2017, p 27).
- 6.
As for the rest, 1 refers to the National Commission for the Sustainable Development Objectives, 1 establishes environmental licensing criteria and the last one on hiring of public administration.
- 7.
The Provisional Measure is enacted by the President in cases of both urgency and relevance. By one side, it is similar to Presidential Decrees, by the other, it is similar to laws because once in force it is as mandatory as a real law. It does not have the perenniality of the laws, though. Its temporal limit is 120 days. Once in force it likewise serves as a Bill because of the requirement of validation by the part of Legislative branch throughout the 120 days of enforcement. In case of approval, the provisional become perennial. A new number as well as a new law is enacted. As with any legal rule, should Congress overturn thereof, from that moment onwards it will no longer be a mandatory norm.
- 8.
See Art. 8°., XIII, Art. 65§6°., Art. 157, V; (Constitution 1967); Art. 8, V and XIV; Art. 21§4°, Art. 43, IV; Art. 63; Art. 160 (Constitutional Revision, 1969, Amendment n. 1). All of these norms, more or less, deal with regional and national development plans, economic development, balanced national development, rules to fund development.
- 9.
Plano Plurianual, see Art. 165, I.
- 10.
Lei de Diretrizes Orçamentárias, see Art. 165, § 1° and § 4°.
- 11.
See Art. 165, § 5°, I, II, III.
- 12.
An example: Article 165 § 7: Budgets (fiscal and social security must be)… compatible with the multi-annual plan, (e) will have among their functions to reduce interregional inequalities, according to population criteria.
- 13.
An example: Article 170. The economic order… shall observe the following principles: VII— reduction of regional and social inequalities.
- 14.
Art. 182: The policy of urban development… aims to order the full development of the social functions of the city and guarantee the well-being of its inhabitants.
- 15.
The authority to Union, States, the Federal District and municipalities to legislating concurrently upon development and budget stem from Art. 24, II and IX jointly with Art. 30, I and II of the Charter. The above mentioned authority to all those parts of the Federation to legislate concurrently upon economic and urban development, production and consumption; protection of the environment, social security and health is underpinned on Art. 24, I, V, VI, VIII, XII, jointly with Art. 30, I and II of the Constitution.
- 16.
See Article III, Art. 165, Art. 170, Art. 174§1.
References
Brasil (2017) Relatório Nacional Voluntário sobre os Objetivos do Desenvolvimento Sustentável. Presidência da República
Boff L (2012) Sustentabilidade: o que é, o que não é. Petrópolis: Vozes
Brasil (1991) Plano Plurianual: 1991–1995. Brasilia, DF. Available at: http://bibspi.planejamento.gov.br/handle/iditem/180
Bresser-Pereira LC, Rego JM, (orgs.) (2001) A grande esperança em Celso Furtado. São Paulo, Editora, 34
Bielschowsky R (2000) Pensamento econômico brasileiro: o ciclo ideológico do desenvolvimentismo. RJ, Contraponto
Cepal (2016) Comissão Econômica para a América Latina e o Caribe. Horizontes 2030: a igualdade no centro do desenvolvimento sustentável (LC/G.2660/Rev.1). Santiago
Freitas J (2012) Sustentabilidade: direito ao futuro. 2 (ed) Belo Horizonte, Fórum
Furtado C (1995) A invenção do subdesenvolvimento. Revista de Economia Política, Abril-junho. 15(2):58
Furtado C (2013) Elementos de uma teoria do sub-desenvolvimento. In: Furtado C (ed) essencial. SP. Penguin/Cia. das Letras
Malan PS, Bonelli R (1983) Crescimento econômico, industrialização e balanço de pagamentos: o Brasil dos anos 70 aos 80, IPEA, TD 60. Available at: https://bit.ly/2ChbLfr
Moore JR, Barrington (1966) Social origins of dictatorship and democracy: lord and peasant in the making of the modern world. Hardmondsworth, Penguin
Niederle PA, Radomsky GFW (2016) (org. SEAD/UFRGS). Introdução às teorias do desenvolvimento. Porto Alegre: editora da UFRGS
Pacheco LB (2013) Como se fazem as leis. 3a (ed) Brasília: editora Digital da Câmara
Singer P (1977) Desenvolvimento e crise. RJ: Paz e Terra
Titmuss R (2008) What is social policy? In: por Leibfried S e Mau S Welfare states: construction, deconstruction, reconstruction, Cheltenham, Elgar
United Nations (2012) The future we want: outcome document of the United Nations Conference on Sustainable Development Rio de Janeiro, Brazil, June 2012, pp 20–22
United Nations Development Programme (2010) The real wealth of nations: pathways to human development, UNDP
Wandscheer CB, Norberto AD, Nanami AS (2018) Desenvolvimento Humano E Sustentável na Perspectiva da Pesquisa Acadêmica e na Atuação Legislativa. Revista Direito em Debate (Revista do Departamento de Ciências Jurídicas e Sociais da Unijuí), jul/dez. XXVII(50). 87–101
Wolfe M (2000) Abordagens do desenvolvimento: de quem e para quê? In: Org. Bielschowsky R Trad. Ribeiro V RJ, Record Cinquenta anos de pensamento na CEPAL, vol 2. pp 715–760
World Bank (1978) World development report 1978. Washington, DC
Acknowledgements
We are particularly grateful to Carolina Tissi Della Zuana for her assistance with the correction of a number of minor errors of this translation.
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Strapazzon, C.L., Wandscheer, C.B. (2020). Brazilian Legal Time of Sustainable Development: a Short Term View in Contrast with Agenda 2030. In: Leal Filho, W., Tortato, U., Frankenberger, F. (eds) Universities and Sustainable Communities: Meeting the Goals of the Agenda 2030. World Sustainability Series. Springer, Cham. https://doi.org/10.1007/978-3-030-30306-8_21
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