Tutela inibitÃria do risco ambiental: tutela cautelar do meio ambiente, como instrumento de eficÃcia do princÃpio da precauÃÃo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The present thesis refers to the preventive protection against environmental risk. It begins by a brief historical-evolutionary overview of Environmental Law in Brazil. An analysis is made of basic principles as well as the ones which garantee an ecologically balanced environment, highlighting the principles of prevention and precaution in Brazilian Law and in international conventions, with a view to an assessment of environmental risk in order to define an adequate jurisdictional protection to the cautious guardianship of the environment. This work focuses on the importance of the doutrinary and orthodox classification of jurisdictional protection for the defense of the new rights. It studies the phenomenon of modernization of the new jurisdiction protection, emphasizing the exemplary case of transgenics, in Brazil, and its interconnection with biosecurity and the principle of precaution. This paper supports the conclusion that jurisdictional and preventive protection against environmental risk derives from rules set forth in the Brazilian Federal Constitution, so as to guarantee the inviolability of the fundamental right to a healthy life quality, as well as the defense and preservation of an ecologically balanced environment, aiming to achieve sustainable development and minimize risks to present and future generations, throughout the whole cosmic-difuse, planetary and global dimension

ASSUNTO(S)

ecologically balanced environment principle of prevention and precaution transgenics meio ambiente ecologicamente equilibrado environmental risk biosseguranÃa sustainable developmen biosecurity tutela inibitÃria desenvolvimento sustentÃvel preventive protection direito publico risco ambiental princÃpio da prevenÃÃo e da precauÃÃo

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