Revista de Direito Agrário e Agroambiental (Oct 2016)

Apply or Not to Apply, That Is The Question: Sustainable Development as Solution to the Antinomy About the Application of the New Forest Code

  • Rafael Antonietti Matthes

DOI
https://doi.org/10.26668/IndexLawJournals/2526-0081/2015.v1i1.317
Journal volume & issue
Vol. 1, no. 1
pp. 55 – 74

Abstract

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Starting from the Brazilian constitutional premise, through which, economic development, and social development, should strive for maintaining environmental quality for present and future generations (Article 225, heading), this study suggests a possible indicator to resolve the contradiction related to the applicability or otherwise of the new Forest Code (Law 12651 of May 25, 2012) to the terms of adjustment of conduct signed before its term, which agreed obligations should be implemented upon its validity. Apply or not apply, that is the question. On the one hand, postulate in favor of the fence thesis environmental backlash on the other, there is the provision of incentives such as propulsion protective behaviors and the factual social effectiveness of current regulations now. Using the methods of dialectical and systemic approach, with empirical notes, lists up the fundamental right to sustainable development as respond to the contrast of the legal language indicated in the methodological problem.

Keywords