The rarity and scarcity of natural resources, with a risk of extinction, has been the subject of international discussions, in the untiring search for solutions to achieve the balance between economic development and healthy quality of life.
According to Clarissa Ferreira de Macedo D'isep, "the rarity of these resources is evidenced by their limitations, scarcity and finite character, together with the increase of their demand due to production and consumption processes." [1]
The environmental issue has become a matter of great relevance to the world, since with bare eyes, we can already notice the irreparable damages and losses suffered, often caused by the overlapping of individual interest over the collective.
The unregistered use and lack of care with these resources has made them increasingly rare, which leads us to inquire about the future of the new generations, in the absence of planning and the immediate implementation of solidarity, of measures capable of minimizing negative impacts to the environment manual de perícia ambiental.
Brazilian legislation broadly contemplates the protection of the environment and environmental resources. [2], [3]
The Federal Constitution expressly guarantees to all citizens the right to a dignified existence, which is related to the socioeconomic development of the individual, which must necessarily take place in accordance with the guidelines for the protection of the environment and its natural resources.
It is worth noting that the Federal Constitution, in its article 1, lists the fundamental principles of the Brazilian Republican State and its people, which has the power to exercise them through its elected representatives, namely, sovereignty, citizenship and political pluralism.
Faced with a Constitution that is committed to such fundamental principles, there is a need to allow and enforce the full enjoyment of the individual and collective rights of the people as a Man, showing that it is Man, the true subject of Law.
The Consumer Rights Code in an innovative way has brought the issue of the right to a healthy and balanced environment by defending the interests and rights of consumers and victims exercised in individual or collective judgment, expressly imposing that collective defense will be exercised in the case of vague interests or rights, understood as indivisible transindividuals, where the holders of these rights are indeterminate persons and bound by actual circumstances. [4]
To have a right to a balanced environment means to say that there is a right that the environment does not change. [5] From the ecological point of view, it means to say that the properties and natural functions of this environment must be preserved, allowing the "existence, evolution and development of living beings". [6]
The balance of the environment and concern for the finiteness of natural resources is a topic discussed and defended internationally, because when we refer to the right of the balanced environment, we are talking about diffuse rights, which means that the right to the balanced environment is a transindividual right, of an indivisible nature, in which indeterminate persons are bound and bound by de facto circumstances, [7] which means that this right is guaranteed not only to a certain group of individuals, but to all humanity and extension, all living beings.
The Law of Public Civil Action, with its recent changes, has brought a particular form of protection of diffuse or collective interests, as in its legal provisions are recommended the actions of liability for moral and property damage caused to the environment, consumer, property and rights of artistic, aesthetic, historical, tourist and landscape value, to any other diffuse or collective interest, for infraction of the economic order and to the urbanist order. [8] Based on this legal determination, judicial protection will be due to the damage or its protection, being certain that the procedural means will be those chosen from the point of view of the convenience of the holder of the right and not by the established legal order.
Section IV of the Law of Public Civil Action ratifies the individual and collective defense of the individual, extrapolating the protected subjects when he affirms that the protection extends to any other diffuse or collective right.
At the international level, solidarity mobilization of the peoples is visible in order to achieve the integration of the global system in order to preserve the balanced environment and sustainable development.
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