FREE ENTERPRISE AND THE ENVIRONMENT: A STUDY OF BRAZILIAN LAWS CONCERNING ENTREPRENEURSHIP AND ENVIRONMENTAL PRESERVATION

Abstract

The relationship between free enterprise and environmental protection represents one of the main challenges of the contemporary State, especially in light of the need to reconcile economic growth with sustainability. This study aims to analyze the Brazilian legal framework that regulates entrepreneurial activity in alignment with environmental preservation, based on the constitutional principles of the economic order and the right to an ecologically balanced environment. The research is bibliographic and documentary in nature, with a qualitative approach, grounded in the analysis of legal instruments such as the Environmental Crimes Law, the National Environmental Education Policy, the Forest Code, the National Policy for Family Farming, and the National Climate Change Policy. The findings indicate that the Brazilian legal system seeks to harmonize free enterprise with environmental protection through mechanisms of accountability, prevention, and incentives for sustainable practices, reinforcing the socioenvironmental function of economic activity. It is concluded that environmental preservation does not constitute an obstacle to entrepreneurship, but rather an essential condition for sustainable development, ensuring legal certainty, protection of natural resources, and quality of life for present and future generations.