Efetivação dos Diretos Humanos e da Natureza: um olhar histórico da legislação ambiental no Brasil através da reserva legal

Abstract

The present work of conclusion of course was elaborated through bibliographical revision and monitoring of the national jurisprudence. With this methodology, the history of laws protecting the environment show that the institute of Legal reserve is of fundamental importance in the pursuit of sustainable development, guaranteed the realization of human rights and nature. It is the responsibility of the rural owners to conserve a fraction of the property for the guarantee of an environmentally balanced environment. The constitutionalization of protective devices of nature, did not reach the due status and importance, being in the last years inapt and ignored, mainly, when confronted with the possibility of economic growth. It is clear that constitutional principles, such as the principle of prohibition against retrogression, have been and are relativized in the various legislative acts, such as Law no. 12.651/12, entitled Forest Code. The search for a new paradigm in relation to the mode of organization of consumption and the vision of what quality of life is necessary, in order to reverse the current environmental crisis. The governmental and citizen responsibility towards the environment is fundamental in the search for a dynamic balance between nature and human being. In this context, the implementation of the Legal Reserve in rural properties in an ecologically significant way is a first step, together with the recognition of nature as a subject of law, to move towards a real realization of human rights and nature.