Microssystem of environmental law: formation and operability

Abstract

Our modern legal system was built from large and traditional codifications of private law, with the objective of safeguarding individual liberties and rights. Furthermore, with the formation of mass society, mass conflicts have emerged, demanding that the law responds and adapts to these challenges accordingly. In retrospect, the traditional legal system was designed to resolve individual conflicts, thusly, it is no surpise that it does not provide adequate means for solving collective conflicts. From this perspective, isolating these new category of rights – diffuse rights – demands that law, with its distinguished conformations, adresses this issue in order to bring forth a solution. For this purpose, this research investigates possible alternatives constucted by our own legal system as a way to disentangle complex questions originating from diffuse conflicts – utilizing the paradigm shift as a probable means of solution, even if it derives from the microsystem whose point of departure is the environment. Moreover, the likeliness of answering these questions is directly related to the paradigmatic and systemic re-reading, as capable means of adequatly guaranteeing this segmant’s demands, as noted by the difficulties faced by the operators of the law with regard to the appropriate treatment of conflicts that involve the right to property, free enterprise and the protection of natural resources. Finally, this paper uses the deductive and finalistic method, based on literature review, with the purpose of relating it to the environment. In conclusion, this paper verified the indispensability of differential treatment for conflicts pertaining to environmental law, as a means to fulfill the legal duties of this area.

Keywords

• Direito Ambiental
• Microssistema jurídico
• Direitos Difusos
• Tutela Coletiva de Direitos
• Conflitos Coletivos