A hermenêutica ambiental e a responsabilização pelo dano moral ambiental objetivo
The principle of responsability impose a moral imperative, in the sense that the men must act for the compatibility between rights and the continuity of life in Earth. The intention of this study was to link firmily the efective responsabilisation for the environmental damage to the moral imperative...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2015
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277365 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 16, Nº. 2, 2015 (Ejemplar dedicado a: ESPAÇO JURÍDICO JOURNAL OF LAW [EJJL]), pags. 441-458 |
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| Summary: |
The principle of responsability impose a moral imperative, in the sense that the men must act for the compatibility between rights and the continuity of life in Earth. The intention of this study was to link firmily the efective responsabilisation for the environmental damage to the moral imperative in a preventive and re-pressive way. The individual and colective human way of life in the western societies have an evolution in the sense of a progressive damage to the environment. The relation between the subjectivity with the outside is in danger. If the-re is not a new articulation between the three fundamental register of ecology – subjective, social and environmental – we can unfortunately foretell a climbing of all the dangers involving the actual society. Instead of a harmonical and sustainable relationship with the environment, consum societies introduced the idea of the subjectity that constructs the world around. But the relation between the subject and the world where we live must be the mains worry. For that purpose it is indispensable an involviment with an efective protection of the environment, if we want the permanence of life in the earth for the presente and future generations. In that sense, it is necessary the implementation of a juridical environmental interpretation at all, for the construction of a legal way for the protection of the so called environmental good. In the sense of these kind of interpretation, the moral objective damage finds backing, and the agent of the environmental objective damage may respond for his acts. |
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