A função jurisdicional e a proteção do meio ambiente: Notas sobre o princípio do poluidor-pagador
With the emergence of the Democratic and Constitutional State of Law, replacing the State Law in its version merely legislative, many transformations have occurred. One of the most evident occurs in the jurisdictional activity. If before the Judge was just the manifestation of the legislator’s...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2013
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7512700 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 10, Nº. 1, 2013, pags. 63-77 |
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| Summary: |
With the emergence of the Democratic and
Constitutional State of Law, replacing the State Law
in its version merely legislative, many transformations
have occurred. One of the most evident occurs in
the jurisdictional activity. If before the Judge was
just the manifestation of the legislator’s will, today
his performance space has changed. He gained
in autonomy and freedom of interpretation, but
always with the objective of a single direction: the
guarantee of fundamental rights. And in this scenario
his performance in environmental law emerges.
With his protection raised to fundamental law, new
instruments were needed to achieve it. Among them,
appears the polluter-pays principle, clear and evident
expression of intervention in the private space in the
name of the defense of collective heritage. |
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