Uma abordagem do sistema normativo ambiental brasileiro e sua harmonização com o direito adquirido

Abstract

The acquired right is one of the obstacles to the legal protection of environmental protection. He is considered one of the pillars of legal certainty, but the environmental protection legislation does not infrequently need to break the idea that absolutism. The objective of this study is to investigate theoretical and practical questions about the right institute acquired and collision with norms and principles of environmental law, and the measure of the extent of the relativistic effect "grandfathered" in light of environmental conduct. The study starts with a brief analysis and seeks to put into discussion four very important values: The environmental paradigm; The judicial activism; The nature of environmental law and; Understanding the environment as a fundamental human right. The importance of the subject is immense because of its timeliness and the fact that the environment is a highly confrontational right, because there is no need to talk about consolidated legal situations when conflict in the necessary environmental protection. We need to balance granted, of a private nature, and the environment, collective bias, through the principles of reasonableness and proportionality. It is expected that the work will contribute to the discussions that curtail the dialectic of acquired rights and the rules of environmental protection within the legal and judicial structure of Brazil, in order to support new studies that address the issue.