The environmental issue occupies today an important political space. It also became a social movement, which expresses the problems related to the quality of life of the human being, demanding the conscious participation of all individuals.
The environment was a very popular topic at the end of the last century and the beginning of this one, it was the subject of numerous conferences of global scope (Stockholm in 1972, Rio de Janeiro in 1992, Kyoto in 97, not to mention all of them), since it is vitally important that it be preserved.
In today’s developed world, the lack of concern about the indiscriminate exploitation of renewable natural resources is not uncommon, with the socialization of environmental damage and the monopolization of profit from exploitation frequently occurring, burdening taxpayers, consumers and members of the community.
Furthermore, the quality of life and the protection of an ecologically balanced environment for present and future generations are of constitutional guarantee, without parameter in any other country (according to the content of article 225 of the Federal Constitution). For the preservation of the natural environment is an essential issue for the continuity of human life on Earth. Considering that the planet is already showing strong signs of total depletion of its natural resources, as well as the collapse of the global ecosystem.
Undoubtedly, the environmental issue forms a social potential of questioning, we have observed over the decades the transformations of humanity, as the so-called “civilization” has been causing changes in nature to the point that nature itself turns against it, as is well known in the news of so many natural disasters. Perhaps this is the reason for environmental awareness, the constant search for better management of resources.
The fundamentals of environmental law
There are principles in Law that serve to facilitate the study and analysis of certain foundations and bring with them the notion of the beginning of something. In other words, principle is the fundamental value of a legal matter. It can be modified over time. Nothing is absolute.
The truth is also not absolute. There are countless. In Environmental Law, we highlight the following: principle of the duty of all States to protect the environment; principle of mandatory information and prior consultation; precautionary principle; principle of equitable, optimal and reasonable use of natural resources; polluter pays principle, equality principle, sustainable living principles; etc.
Thus, we analyze that the principles of Environmental Law aim to protect all kinds of life on the planet, providing a satisfactory quality of life for the human being of present and future generations.
Another important point is that environmental law has an economic dimension that must be harmonized under the concept of sustainable development.
Sustainable sustainable development from an ecological point of view must be based on three pillars:
a) economic development;
b) social development;
c) environmental protection.
The concept of sustainable development was created in order to establish a consensus to avoid exploiting natural resources in a predatory and inconsequential way. Applying these concepts to the way human beings act and intervene in the environment, it is possible to maximize natural resources without jeopardizing their continuity and perpetuity.
How to define sustainable ways of acting
Outlining forms of action that proposed sustainable ways of exploiting these resources is the only and efficient way already demonstrated to enable development and increase in income and improvement of living conditions of populations inserted in this context. Even the inhabitants of large cities with a very high rate of urbanization can benefit from the implementation of policies aimed at the sustainability of the urban environment.
However, incredibly, there is still no consensus around these practices. Many inhabitants who would benefit enormously from their adoption; are still averse to its adoption and implementation. This fact is explained solely and exclusively by the ignorance and bad influence of a dominant status that feels threatened by the environmentalist “good news”.
Exploring the environment responsibly and sustainably, in addition to allowing for a much longer time to explore the available resources, also allows for a gain in quality of life and a financial improvement for the populations involved.
Simple measures can avoid huge environmental inconveniences and losses that can make the economically viable exploitation of huge productive areas unfeasible in the medium term.
Thus, control instruments, rules and standards to be followed by all and severe sanctions for those who do not comply are necessary.
Basic concepts related to the environment
Conservation Unit is the territorial space and its environmental resources, including the jurisdictional waterstional, with relevant natural characteristics, legally established by the Government with the objective of conservation and defined limits, under a special administration regime to which adequate guarantees of protection apply.
Law No. 9985 of June 18, 2000 – institutes the National System of Nature Conservation Units (SNUC) and establishes criteria and norms for the creation, implementation and management of conservation units.