O direito subjectivo ao ambiente: um artifício legislativo e jurisdicional
DOI:
https://doi.org/10.12662/2447-6641oj.v8i12.p308-329.2010Keywords:
Subjective right, Environment, Fundamental dutyAbstract
The Portuguese Constitution includes the subjective right to environment (Section 66º/1). This right, «a right to something», is presented as a three-sided relationship, involving the individual who will get the benefits from this right, the one tied to that right and the aim of the right. Every citizen is simultaneously qualified in the Portuguese Constitution as beneficiary and obliged individual, as people have both the right to the environment and the duty to preserve environment. The essential idea is that the right to environment implies a fundamental task to defend environment, inherent to the responsible practice of citizenship. Furthermore, the limitation of the aim of the fundamental duty to defend environment to the protection on nature is the sole manner of finding an useful meaning to the Section 66º of the Portuguese Constitution, avoiding the mistakes provoked by a broadened notion of environment andby a model of environmental protection related to the rights to personality, property and economic initiative.
Downloads
Published
How to Cite
Issue
Section
License
Copyright and Licensing
According to the current submission policy, authors retain the rights to their works and grant the Revista Opinião Jurídica the right of first publication, with commercial rights reserved by the publisher under the terms of the non-commercial license used. Revista Opinião Jurídica uses a Creative Commons license. The works published are under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License (CC-BY-NC-SA).
This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements:
BY: credit must be given to the creator.
NC: Only noncommercial uses of the work are permitted.
SA: Adaptations must be shared under the same terms.
RESPONSIBILITY FOR THE CONTENT
By submitting an article, the author(s) declare to have sole responsibility for the content of the piece and is(are), therefore, responsible for any judicial or extrajudicial measures referring to it.
1. In case of joint authorship, all authors are considered collectively responsible, except when proved otherwise.
