Mercosul : viabilidade de uma legislação ambiental comum.

Abstract

Beyond becoming a form of economic integration, MERCOSUL is overall a political community of nations, committed with the construction of a regional political leadership, searching and the implementing of instruments that are able to insert, in the best way, their people on the international scene. In the opposite to the current juncture, the Globalization, the environmental protection is a predominant factor in the regional development. Through the methodology used in this search, hermeneutic, it was possible to identify, analyze and interpret the environmental legislation in the MERCOSUL countries. It was possible to verify that the harmonization of environmental legislation is needed to increment the MERCOSUL development process. Not only because it’s important to the strengthening of the bloc, but also because the Treaty of Asunción establish that this procedure is presented as a way to reach an highest order: a Common Market creation, inserted within a regional bloc. This study took into special consideration the example of the European Union, where the environmental law’s harmonization is already a reality. It is argued in favor to the legal harmonization in MERCOSUL, considering the various legal aspects that approximate the countries - members of the block - to a communitary law in the environmental area. Social, cultural, economical, political as well as environmental diversity between Argentina, Brazil, Paraguay and Uruguay, should not be an obstacle in the process of environmental law’s harmonization. Unlike, the reach experiences of each country only has to contribute to the building of a common legislation in the regional bloc. The four countries involved have the difficult task to modernize, and specially to harmonize the environmental law, pointing out that the good performance of MERCOSUL depends more on willingness on the part of the political representatives, as well as private initiative, than merely the legal solutions.