Remarks on the Legitimate Use of Force to Defend the Environment

Abstract

This article evaluates whether the legitimate defense can be used in the protection of collective environmental rights. Some scholars are contrary to the legitimate defense of those rights in face of an unlawful assault not involving concomitant aggression to individual rights. Given the current risk scenario for the global ecological balance, revealed by the approach of planetary boundaries - and taking into account its fundamental principles of protection and defense of a right – this paper does not exclude legitimate defense as a lawful means of environmental protection, regardless its impact on public order and peace.

Keywords

• Direitos coletivos
• Bens ambientais
• Legítima defesa
• Uso da força