Goiás (Brazil) Municipal Law: rights of the Vermelho River

Summary

On 13 June 2024, the City Council of Goiás unanimously approved a law establishing legal rights of the Rio Vermelho river within the municipality of Goiás, its classification as a specially protected entity, and establishes a “Municipal Rio Vermelho Week” to be celebrated annually.

Jurisprudential Framing
Art. 1. The intrinsic rights of the Rio Vermelho as a living entity and a subject of rights are hereby recognized, as are the rights of all other bodies of water and living beings that naturally exist within it or with which it interrelates—including human beings—insofar as they are interrelated within an interconnected, integrated, and interdependent system. (machine translated)

Legal Provisions
Art. 4. The following rights are recognized:
I. to maintain its natural flow and in sufficient quantity to guarantee the health of the ecosystem;
II. to nourish and be nourished by the surrounding forests and endemic biodiversity;
III. to exist with adequate physical and chemical conditions for its ecological balance;
IV. to interrelate with human beings through biocultural identification and spiritual, recreational, artisanal, agroecological, and cultural fishing practices.

Art. 5. states that the River and its interrelated beings shall be protected and have their needs and voices expressed through legal guardians, who will serve as their public representatives, acting as advisors to public authorities and the community in the exercise of these rights.

Under the legal framework, a Guardian Committee will be created, which will ensure the rights established in this law and participate in all public decision-making processes. The Guardian Committee is elected based on verified nominations from members of its community, with mandatory participation by the following representative groups: a representative of the City Council; a representative of the Municipal Council for Environmental Defense and Basic Sanitation (CODEMAS); a representative of a public higher education institution operating in Goiás; and a representative of civil society. The Committee must submit an annual report to inform the community about the health and status of the River and the planning of strategic actions to implement the rights recognized in this law.

The law also stipulates that “public authorities shall develop programs and projects—coordinated among public agencies, civil society, and the private sector—aimed at raising awareness about the importance of preserving the Rio Vermelho” as well as physical and digital materials addressing the preservation of the Rio Vermelho and publicizing this Rio Vermelho Protection Law. (machine translated)

The legal framework was inspired by the municipality of Guajará-Mirim, in the state of Rondônia, that approved rights of the Laje River—the first in Brazil to have its rights recognized by a law.

Background and Ecological Context
For decades, the Vermelho River has suffered from impacts caused by human occupation and expansion of agricultural and commercial activities on its floodplain—leading to the loss of riparian vegetation, pollution, and silting. A 2002 survey conducted by the Goiás State Environmental Agency showed that approximately 80% of the riparian forests along the stretch of the Vermelho River upstream of the city of Goiás had already been cleared for development (Correio Brasiliense, 2002). Goiás was declared a UNESCO World Heritage Site in 2002 after much of the city’s historical heritage was lost due to a major flood. UNESCO’s International Council on Monuments and Historic Sites identified silting and the gradual reduction in the river’s flow as being the cause of the flood.