Revista Opinião Jurídica (Feb 2021)
SOY IN FACE OF SUSTAINABLE RURAL COMPANIES: THE CONSTITUTIONAL ENVIRONMENTAL BALIZATION OF ECONOMIC ACTIVITIES LINKED TO SOY IN BRAZILIAN LAW
Abstract
Objective: The objective of this article was to analyze the normative framework for economic activities related to soy within the scope of the Brazilian normative system, with emphasis on what determines the constitutional environmental law, as the main product exported by Brazil and deserving of great prominence in the current economy. our country. Methodology: The research was structured as well as carried out using the hermeneutic method, through the survey of the doctrinal works prepared by specialized scholars working in the scope of the investigated matter and the legal analysis linked to the constitutional environmental law as well as the infraconstitutional rules all with the objective to adequately adjust the framework of the theme in view of our current legal system. Results: It remains clearly demonstrated that in order for economic activities subordinated to soy to legally develop their functions subjected to the use of the aforementioned environmental resource, they must comply with the constitutional environmental legislation on the theme. Contributions: The main contribution of this study was to indicate that said economic activities of great relevance to the Brazilian economy can only legally develop their businesses in view of their necessary compliance with our environmental legal system in force, observing in particular the specific rules of law constitutional environmental impact (particularly Arts. 225, 225, § 1, IV and 225, § 3 of the Constitution) as well as the structural aspects of the cause that generates environmental obligations (obligations to do or not to do subject to the principles of prevention and polluter pays).
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