THE HISTORICAL ROOTS OF ENVIRONMENTAL RACISM IN BRAZIL: A STUDY ON SOCIO-ENVIRONMENTAL INEQUALITIES AND DIFFERENTIATED EXPOSURE TO ENVIRONMENTAL RISKS

Abstract

Understanding socio-environmental inequalities in Brazil requires an analysis that goes beyond purely ecological dimensions, reaching the social, historical, and legal structures that condition how distinct population groups experience the effects of environmental degradation. In this context, the concept of environmental racism, initially formulated by Robert Bullard (2000), gains centrality by denouncing the disproportionate exposure of Black, Indigenous, Quilombola, and peripheral populations to environmental risks, such as floods, contamination, and forced evictions, often rendered invisible by the discourse of progress.

Historically, the organization of urban and rural space in Brazil has been marked by dynamics of racial and social exclusion that date back to the colonial and slave-owning period. Slavery institutionalized a model of occupation based on the segregation and marginalization of the Black population, relegating them to ecologically fragile and economically underserved areas. As highlighted by Viotti da Costa (2009), the enactment of the 1850 Land Law prevented freed slaves from accessing land ownership, consolidating the territorial exclusion that, in the 20th century, would be perpetuated by development and urbanization policies.

Authors such as Henri Acselrad (2014) and Milton Santos (2019) demonstrate that these inequalities are not contingent, but structural, as they stem from a systemic logic that denies full citizenship to certain racial groups by denying the right to a healthy environment. This condition characterizes what is called environmental injustice, whose roots are embedded in the coloniality of power (Quijano, 2015) and in the strategies of making vulnerable populations invisible in decision-making processes regarding territory and natural resources (Schlosberg, 2017; Crenshav, 2011).

Given this context, this research aims to investigate the historical roots and social dynamics that contributed to the construction of environmental racism in Brazil, with an emphasis on the analysis of the jurisprudence of the Supreme Federal Court (STF) and public policies that differentially impact racialized groups. This approach aims not only to map the legal and institutional frameworks involved, but also to critically reflect on the possibilities of environmental justice within the framework of the Democratic Rule of Law.

The relevance of this study lies in offering an academic and practical contribution to confronting environmental racism, through the construction of a theoretical-legal framework capable of supporting more equitable public policies. To this end, methodologies of bibliographic review, document analysis, and the study of emblematic cases will be adopted, with the objective of articulating theory and practice in the field of human rights and environmental justice.

In this sense, the intersection between race, class, and the environment reveals the persistence of a discriminatory logic in the formulation and implementation of public policies, which demands a critical approach that transcends the limits of traditional environmental law. As David Schlosberg (2017) points out, environmental justice can only be achieved when there is equity in the distribution of risks, recognition of identities, and effective participation of affected groups in decision-making processes. This perspective broadens the legal field by integrating the principles of human rights and racial equity into the debate on sustainability and environmental protection.

In the Brazilian case, the analysis of environmental racism must necessarily consider the lasting effects of slavery and colonization on the shaping of urban and rural space. Territorial occupation based on the exclusion and marginalization of the Black and Indigenous populations was reproduced throughout the 20th century through modernization policies that neglected the sociocultural specificities and territorial rights of these groups. As Henri Acselrad (2014) argues, this dynamic of unequal space production results in the systematic exposure of certain populations to avoidable environmental risks, configuring a historically rooted pattern of environmental injustice.

From a legal point of view, it is fundamental to problematize how the Brazilian legal system responds to these inequalities. The 1988 Federal Constitution, in its article 225, guarantees everyone the right to an ecologically balanced environment, defining it as a common good of the people and essential to a healthy quality of life. However, the effectiveness of this right for vulnerable populations still faces structural barriers, whether due to state omission or the selective action of the justice system. The analysis of the jurisprudence of the Supreme Federal Court (STF) thus becomes an important way to understand the limits and possibilities of judicial protection of environmental justice in Brazil.

Furthermore, it is necessary to highlight that environmental impacts are not neutral, but selectively directed towards specific groups.

Bodies and territories, as pointed out by scholars such as Kimberlé Crenshaw (2011) when discussing the intersectionality between race, gender, and class. This means that Black women, for example, face an overlapping of oppressions that exacerbates their environmental vulnerability. Such reflections require the legal field to open itself to interdisciplinary methodologies and to actively listen to the affected communities, promoting a plural and inclusive environmental justice.

Thus, this study is situated at the interface between law, history, sociology, and critical geography, seeking to contribute to the formulation of fairer and more inclusive public policies. By examining the historical foundations and contemporary expressions of environmental racism in Brazil, the research aims to offer theoretical and practical support for strengthening environmental citizenship, with an emphasis on combating racial and territorial inequalities. With this, it intends to broaden the understanding of the responsibilities of the State and civil society in overcoming environmental injustices and promoting a development model based on equity, human dignity, and sustainability.

1.1 OBJECTIVES

1.1.1 General Objective

To analyze environmental racism in Brazil from its historical roots and legal framework, focusing on its impacts on vulnerable populations and the effectiveness of legal and institutional responses.

1.1.2 Specific Objectives

To define and contextualize environmental racism in Brazil;

To review existing literature to understand the concept of environmental racism and its manifestations in the Brazilian context;

To examine Brazilian legislation related to the environment and the rights of affected communities;

To discuss the main laws and regulations that address environmental protection and the rights of vulnerable populations.