Direito ambiental: instrumento para a efetivaÃÃo da tutela jurÃdica do meio ambiente

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The present paper allowed to make an analysis on the ambient legal system, itâs applicability, efficiency and effectiveness, making possible to study, in the internacional scope, the main world-wide conferences and in the Domestic law, beyond the Brazilian Constitutions, the usual law orderr of biggest repercussion and effectiveness in the defense of the metaindividuals interests. The sustainable development, concept today wide spread out and accfepted, must guide the behavior of all the coutries, rich and poor, objectifying common interests that are a healthy environment and ecological balanced. The construction of a model of sustainable development passes obligatorily for the change of culture and paradigms that could only be reached in long stated period with the participation of the society in the taking of decisions. Analyzed the ambient legislation, it was verified that the concerns of protection to the man and of the environment have suffered a adiverse boarding in this recent past, being that the current diplomasm, for its objective and content, are true guides of orientation and performance, for the receivers of these norms and agents in the preservation of the environment. The performance, for the Judiciary Power and the Public Prosecution service are essential factors in the applicatioon of the skillful instruments to become the fulfill segal system. And, finally, it was demonstrated through a concrete case the importance of the areas of legal reserve in the preservation of the environment. Concluding, it remained demonstrated that Brazil posses a vanguard legal system in the ambient area. However, what it is seen is an exaggeration between the norms and its application, what generates a feeling of impunity. Therefore, ahead of the ambient questions complexyty, it is imposed the necessity of creating an especialty Justice in the ambient area, so that it has greater commitment and quickness on the part of the authorities in the application of the legal instruments come back toward the enviromental protection and, consequently, to open way for Social Justice.

ASSUNTO(S)

direito ambiental direito ambiental; legislaÃÃo ambiental outros legislaÃÃo ambiental

ACESSO AO ARTIGO

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