Campo Jurídico (2020-12-01)

THE IMPORTANCE OF THE PRECAUTIONARY PRINCIPLE IN THE FRAMEWORK OF ENVIRONMENTAL CONSERVATION

  • Daniel Gabaldi Pozzetti,
  • Laura Pozzetti,
  • Valmir César Pozzetti

DOI
https://doi.org/10.3749/revistacampjur.v8i2.661
Journal volume & issue
Vol. 8, no. 2
pp. 175 – 189

Abstract

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Objective of the Study: This research aimed to differentiate conservation from environmental preservation and to analyze the importance of using the Precautionary Principle in the context of environmental conservation. The difference between preserve and conserve; it is due to the fact that, in conservation, the resource is used without exhausting it, while in preservation, the resource remains intact, unused. Thus, in the context of conservation, it is imperative to use the Precautionary Principle, which establishes the need for us to observe the possible results of using the environmental resource, since, if we are not scientifically certain about the potential harm that this use will result, the activity cannot be developed. Methodology: the methodology used in this research was the deductive method; as for the means, the research was bibliographic, using doctrine, legislation and jurisprudence, as well as administrative acts; as for the purposes, the methodology used was that of qualitative research. Originality/Relevance: The originality of this research is based on the assumption that the Principles are guidelines that guide the application of legal rules and their own existence in the field of structuring standards; once a certain principle is not observed in the construction of a rule or administrative act, the rule will be revoked and the act will be null and void, making the manager who breached the Principle responsible. Thus, the relevance of this research lies precisely in the contribution it offers to the maintenance of a healthy and balanced environment. Main Results: It was concluded that the State's compulsory duty to use and enforce the Precautionary Principle will result in significant gains for the environment, avoiding the destruction of finite environmental resources, at least in quality. Theoretical Contributions: The research makes a major contribution to the “right to life” in the current context, since the right to a dignified life runs through the right to a healthy and balanced environment. As the Public Power - which is the administrative entity that authorizes economic activities - starts to demand and fully comply with the Precautionary Principle, whenever it releases an activity, we will stop having environmental destruction and we will have activities that conserve the environment, with quality of life for the entire planetary population.

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