Principle of precaution, irreparability of environmental damage and environmental protection
Since the beginning of time, man has been degrading the environment, causing several negative reflexes. Once the environment is damaged, it is very difficult, or even impossible, to return to the previous state. Furthermore, the financial reparation is not equivalent, since the environment has no mo...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2020 |
| País: | Brasil |
| Institución: | Universidade Nove de Julho (UNINOVE) |
| Repositorio: | Revista Prisma Jurídico |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.uninove.br:article/10469 |
| Acceso en línea: | https://periodicos.uninove.br/prisma/article/view/10469 |
| Access Level: | acceso abierto |
| Palabra clave: | Principle of Precaution Environmental Preservation Environmental Custody Environment Princípio da Precaução Preservação Ambiental Tutela Ambiental Meio Ambiente |
| Sumario: | Since the beginning of time, man has been degrading the environment, causing several negative reflexes. Once the environment is damaged, it is very difficult, or even impossible, to return to the previous state. Furthermore, the financial reparation is not equivalent, since the environment has no monetary value. The precautionary principle, as a preventive measure, can be an effective measure for environmental preservation. The article aims to analyze the duty to environmental preservation concerning its degradation, checking the constitutional provision and infraconstitutional related to the precautionary principle, in addition to analyzing whether the principle is an effective measure in the protection of the environment, for that, the approached method will be the hermeneutic. It was concluded that the precautionary principle, in allowing to take measures to avoid damage to the environment, even without scientific certainty, is a good way to protect the environment, however, it cannot be dissociated from proportionality. |
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