THE TIME OF ECOLOGICAL RIGHTS

Abstract

This article analyzes the metamorphosis of law in order to promote ecological rights. It hypothesizes whether the promises of the social contract have been fulfilled in relation to the collective good of the environment in light of the transformations of law, society, and the State in modern times. To this end, first, by connecting memories of the past, the axes of individual (or private) law and the successive solutions adopted until the inclusion of collective rights in the 1988 Constitution will be rescued, with the resolution of global, local, and radiated collective conflicts; second, by disconnecting the past to connect the future, the standardization of ecological rights in constitutional text will provide us with the opportunity to list environmental principles and outline the distribution of administrative and legislative powers in environmental matters; Thirdly, by zooming in on the main general environmental laws, we confirm that the law is changing and that it can offer means for recovering the environmental deficit, according to the rural environmental registry (CAR), the environmental recovery program (PRA), protected territorial spaces, administrative licenses, etc., with the possibility of three-dimensional liability of the polluter. In conclusion, we want to confirm the hypothesis of the problematic metamorphosis of the law and its virtuous image before the social mirror with the commitment to preserve and protect the environment. Finally, guided by the hypothetical-deductive method, the article takes an evaluative approach to the formal sources of the environment, based on books, scientific articles, public hearings, case law and legislation.