O poder de polícia ambiental como instrumento coercitivo-inibitório de jurisdição administrativo-ambiental

Abstract

The ordering of our State origin, Romano - Germanic , the Civil Law , has lost its reference over the years. This is, evaluating the tools available to management for the realization of that fundamental right, by analyzing the police power and its features, including the indelegability for the indirect public administration, the discretion, the self enforceability and coercivity, one reaches the conclusion that passes through the same administrative crisis that overwhelms the power of judicial police, with a lot of mechanistic addictions, dogmatism, and the lack of effective discretion to the applicator coercive measure. It was necessary to study the birth of human rights, from the first to the second, third and maybe fourth generation, as well as analysis of the formation of the Social Liberal State. Also essential to recognize the implementation of a democratic state, with the passage of the constitutional phase, including the paternal order, when out sanctioned the right to a balanced environment as a fundamental right of third generation. There is an urgent need to revisit the Roman Canonic Law, which clearly showed the figure of Interdits as well as the function exercised preteor, which collapsed over the years, particularly due to changes that were permeated with the presence of Canonic Law. Remains salutary rescue the institute said, as well as analysis to Common Law, through the office of the Contempt of Court, behold both translate into greater discretion and mean stronger enforcement measures in the pursuit of protection of the fundamental right. Finally, must be elevated the importance of philosophy, search for dialogue, especially of Rhetoric, with the aim of rescuing the effectiveness of promoting the fundamental right to a balanced environment and to Environmental Law State.