Legal instruments for environment law

The Environmental Law aims to reconcile the claim of society that evolves technologically and socially, with the need to ensure the preservation of balance, where the situation referred to in doctrine and own legislation as sustainability. It is the branch of environmental law that aims to protect the environment.

There are four principles of environmental law such as proportionality, polluter pays, cooperation and prevention. The legal principles can be implicit and explicit. Explicit are those who are clearly written in legal texts and fundamentally in Constitution.Implicit are those arising from the system normative, despite is not written. The student has the right to live in a healthy situation and pollution free on either way, without that they can be placed in situations which result in damage to the quality of life, due to contrary positions to the dogmas of preservation of the environment. This is one of the most important principles of environmental law, both national, and international. So, the Stockholm Declaration 1972 brought a fundamental human right, ensuring living conditions appropriate, an atmosphere of a quality sufficient to ensure the well-being.

This principle, which student consider to be the most important to sustain the environmental law, should be read as a warning to the applicator standards. This because besides being a guarantee for human beings, it is also a requirement that the public administrator intended special attention to preserving the atmosphere in various forms presented by legislation. The study of this environmental law requires the knowledge of those who are dedicated to knowing it, as well as other issues that surround and subsidize the applicability of cogent ecological nature.

Precautionary principle in environmental law

With regard to precautionary principle, the fact is that the enforcement of protection shall impose limitations on the full manifestation of freedom in other segments of society so that they are preserved the eco-friendly conditions necessary for a healthy quality of life. However, before imposing limitations for the purpose of saving protection of the atmosphere, must be ensured for the right holder in contrast to the atmosphere, demonstrate that adopts suitable measures to ensure no damage or even that will reduce the negative impacts.

The prevention principle applies to impacts already known and has a history of information about them, so that science has already addressed its consequences and pointed out the technical solution able to reduce or eliminate them. With regard to the precautionary principle, the prevention principle is exercised ordinary form in the course of the administration which process the licensing and, in circumstances involve significant impacts before results of an environmental law that impact assessment and policy instrument. In the same way, the damage generated in a given locality can reach different extensions of those who initially supported the claim polluter, as there is no way to control the consequences of damage to the situation.