Éticas ambientais, sustentabilidade e direito do meio ambiente / Environmental ethics, sustainability and law

Abstract

This article discusses the different proposals of environmental
ethics and how they influence the construction of an environmental
law. It states that the contemporary ethical debate focuses primarily
on the intrinsic values as the foundation of moral and legal considerations,
so that the content and extending the scope of protection of the
fundamental right to the environment depend on the ethical-philosophical
paradigm adopted, It is related to an anthropocentric ethic, a
zoocêntrica ethic, a biocentric ethical or ecocentric ethics. It is worth
mentioning that several international and national standards that deal
with the right to the environment can not be automatically aligned to
any of them, there is a wide scope for interpretation by the operator’s
right, the very field of legal interpretation. Alongside this, we can see
a frank evolution of legal norms toward new axiologies, away from
the traditional anthropocentric view. The fundamental right of the environment
causes a break in the current legal system, because all the
legal doctrine is based on the subject of law, the man, while the standards
of environmental law, national and international, increasingly,
have recognized their rights of nature, regardless of the value it has
for humans, in search of the man’s statement as an integral part of
nature this way, the article points out the evolution of the conceptions
of the fundamental right [human] the environment the right environment
demonstrating not there is an antagonistic relationship between
the latter and the fundamental right [human] the environment. What
exists is a salute of respect, and the right environment the continent,
the broadest. The right to the environment, would be nothing more
then than a facet of environmental law, seen from the perspective of
one of its integral parts, man.