O princípio da proibição do retrocesso no direito ambiental brasileiro

Abstract

The objective of this study was to analyze how the principle of the prohibition of environmental regression applies and, later, what would be the reception of the jurisprudential understandings and the dominant theory in the legislation that protects the environment in the present day. The research included as a methodological study the doctrine, also complemented by the Brazilian Laws, the Brazilian jurisprudence, the international pacts, the United Nations Conference, the Brazilian Federal Constitution of 1988, as well as aspects of human conquests and challenges to be addressed. as a means of ensuring a clean and preserved environment for future generations. In this sense, the study also emphasized socio-environmental behavior in the face of the country's demographic growth, and its relationship with laws, norms, jurisprudence and environmental principles, in which they are applied in the Brazilian legal system. In addition to this aspect, the present study addressed the evolution of environmental protection in Brazil and its participation in international agreements. Based on the studies, it was possible to infer and understand the behavior of Brazilian laws and regulations in a scenario where capitalism overlaps with the environmental protection system, and how this influences the impacts and global warming of the planet, including the impacts caused by the protectionist principles of the environment environment, among them the principle of the prohibition of environmental regression, which translates into the rights and duties hitherto achieved, avoiding unbalanced changes that endanger life on the planet and future generations.