Poluição sem fronteiras: a problemática da competência para as sanções ambientais

Abstract

This study analyzes the legal protection of the environment at national and international level, addressing the situation of indirect pollution in deep-sea regions and the main challenges for an adequate theoretical response to this situation. The identification of the problem creates a need to create legal mechanisms for the effective protection of nature, requiring a deep study about the substantive and procedural legal instruments available to the company for a conservation contribution. Considering the complexity of the problem, the legal institutions must be rethought for the development of effective measures to control harmful acts in regions hitherto forgotten by mankind. As nature is an important legal right for the viability of life of human beings and the perpetuation of the species, it remains clear the importance of normative protection of this constitutionally protected value. Once provided in several national and international constitutions, there are numerous constitutional orders to the environment be subject to supervision by civil, administrative and criminal branches. However, the coexistence of these spheres for the same purpose is certain practical problems and technique. After a historical approach, political, social and philosophical environmental protection, the thesis elaborates on the various legal frameworks that ensure the perpetuation of the green for future generations and its maintenance for citizens today. After a study of the various elements of administrative law, in particular the sanctioning administrative law, civil and criminal are also analyzed for each level have their level of contribution to the issue. Finally, there is the proposal to set international courts for the enforcement of appropriate standards in deep-sea areas.