Da operacionalidade da aplicação judicial dos princípios, conceitos legais indeterminados e cláusulas-gerais no direito ambiental brasileiro

Abstract

The advent of Democratic State of Environmental Law demanded positivization of a new right desformalizaided, this can be seen in the face of the proliferation of indeterminate legal concepts, general clause and general principles of law in legal compilations dealing with environmental issues, especially the Federal Constitution, in its article 225, true general clause. This paper will analyze there placement of the application model of syllogistic rules by way of a character topic-material-concrete, in which the value comes as the north of the judicial activity, becomes the place of the equity value of legal certainty sacralized. This change common sense theory has as consequence the emergence of a more activist judiciary that by opening the texture of the legislation and the legal system, has a duty to implement the legal framework of environmental law by calling judicialization of politics environment. Only together with the environmental conscientization of society, such changes will be theoretical and practical as possible, because the decisions of the judiciary are reflections of society's decisions.