Critérios para identificação dos princípios de direito ambiental

Abstract

The principles, at the science scope, correspond to the basic, typical and fundamental proposals for the construction of a system. These are considered species of norms to the side of the rules that compose all the structure of the legal system. In the scope of the environmental law the Brazilian doctrine is not homogenous in the boarding of its principles. One is about a legal uncertainty related to the identification of these principles and, consequently a difficult at the correct application in the interpretation and implementation of this legal branch by all operators of the right. That happens because of the analysis of the principles of the environmental law which are done based on different fundamentals: a) international declarations; b) law of the international politics of the environment; c) adaptation of the principles of other branches of the right; d) Federal Constitution e) junction of all the mentioned fundamentals. Through the analysis of the legal system of Brazilian ambient protection associated to the methodology of bibliographical research we intend to reach a common denominator to indicate the direction of the criteria capable to become objective the identification of the principles of the environmental law. At the end, we can contribute scientifically with the studies on the legal science of protection to the environment in order to attempt to help in the effective construction and consolidation that is adequate to its purpose: protection of the ambient goods that are guarantors of salutary quality of life for the present and future generations