A tutela jurídica do ambiente e o dano moral ambiental como pressupostos de garantia da proteção da personalidade

Abstract

This paper demonstrate that one of the most promising trends in the study of civil rights points to the need of having the person as the basis for civil relations, with the patrimony losing its primacy that it had always enjoyed in the big codifications. The constitution of 1988 is an important landmark in the re-personalization conception of rights, due to its recognition the juridical protection of personality rights and moral damage. In the article 225 of cf/88 it is guaranteed the liability of lawbreakers to repair damages caused to the collectivity as a consequence of environmental degradation and the tragedies and disasters occurred with nature, in face of the unlike viable life expectancy in the future due to the loss of biodiversity, since well-being and the perspective of quality of life nowadays and in the future are increasingly threatened. It is in the moral area that human beings undertake the greatest constructions in the course of their existence, leaving to the next generations the values that compose the reasons for human behavior. Concerning the environment, the rights are social, since the greatest interested in the maintenance of situations is society itself. Everyone has the interest in the use and enjoyment of life’s assets, which are essential for human beings complete realization.