Meio ambiente natural: necessidade de efetiva proteção

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The purpose of the theme proposed is to consider matters concerning the material legal protection of the environment, and the instruments available in the Brazilian law intended to assure the effectiveness, celerity and instrumentality of the collective jurisdictional proceeding. This work will be based on the Federal Constitution of 1988 and Democratic State of Law constituted thereby. In the doctrine, the environment is conceived from different angles. Some people, grounded on the Cartesianism, understand it only as a compound of biotic and abiotic elements. Others, more righteously, and supported by the holistic or systemic thought, add elements built by humans to those. Regarding the origins and effects of environment degradation, it is interesting to remark that they resulted from multiple and extremely complex structural causes, contributing to this degenerative process, among other factors, the religious doctrine, politics, culture and economy. To face the ecological environmental damages, the Constitution in force, under clear influence of international regulations, grants to the environment the status of fundamental diffuse rights and, under its preservationist policy, emphasizes the principles of prevention and precaution, in order to avoid risks and concrete, current and imminent dangers, such as those related to which there are still some doubts or scientific uncertainties about their likely harmfull effects. Considering this, the urgency actions preventive and precautionary stands out as qualified means to the obtainment of preventive and potential jurisdictional protections, by means of legal and executive techniques lato sensu, to produce concrete, useful and fairer effects in the phenomenal world, therefore, dignifying the human being

ASSUNTO(S)

proteção do meio ambiente natural environment degradation principles of prevention and precaution protecao ambiental -- brasil tutela de urgencia direito ambiental -- brasil environment the status of fundamental diffuse direito

ACESSO AO ARTIGO

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