Liberdade de iniciativa e a necessidade de um contorno ambiental / Freedom of initiative and the need for an environmental outline

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The present dissertation aims at analyzing the right to freedom of initiative, positioning it throughout Brazilian constitutional history, with the objective of demonstrating that its prevision, along with other rights in a limiting relationship, specifically regarding the right to the environment, represents a characteristic trace of the 1988 Constitution. The fundamental nature of the referred right was also demonstrated, seeing that it is one of the facets to the right to freedom. Regarding the right to the environment, the importance of its surrounding principles was established, both in the general and the normative aspect itself, in order to discuss its constitutional participation as a fundamental right. In this sense, once the fundamental status of the referred rights were identified, the limitation imposed on free initiative was analyzed, due to the prevision of article 170 of the Constitution, whose proposal seems to be to impose assumptions to the exercise of that right, having among them environmental defense, following the path of the limitation imposed on private property through its social role. Finally, the administrative instrument of environmental license was proposed as a facilitator of the dialogue between free initiative and environment

ASSUNTO(S)

direito publico environment freedom of initiative liberdade de iniciativa constitucional limits meio ambiente limites constitucionais

ACESSO AO ARTIGO

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