Especialização em direito ambiental e gestão estratégica da sustentabilidade

Abstract

The present paper had as an objective the analysis of the principle of environmental regression prohibition; discussing its creation, definition and limits. Initially, the national and international origins of the principle were determined; based especially on the notion of intangibility of fundamental rights. After the principle was estabilished, we talked about the usage of the various nomenclatures that exist for it, debating the precision of each one in the description of the principle and whether they are interchangeable. After this initial exposition, we discussed the importance of knowing the principle‟s limits, so that it can be utilized in a more efficient manner; followed by the definition of some limits we felt were necessary. So, we estabilished as temporary exceptions the cases of public calamity, state of siege and state of emergency and as a possible proper exception the situation in which the circunstances of the facts that led to the decision of a certain level of protection were altered; moreover, we determined that the possibility of creation of exceptions within the context of special norms in relation to general norms must not constitute itself as a way to generate exceptions to the principle of environmental regression prohibition. Finally, we discussed the principle‟s characteristic of hardness and the consequences it generates on the search towards sustainable development; so, we inquired about the necessity of such a level of rigidity for the protection of the environment and whether such approach is sustainable; and following that, we exposed the importance of the principle for the social and economic aspects of the sustainable development, symbolized respectively by the notion of aid to the structuring of the existential minimum and of incentive towards entrepreneurship