A PROIBIÇÃO DO RETROCESSO AMBIENTAL COMO GARANTIA DOS INTERESSES DAS FUTURAS GERAÇÕES

Abstract

This research aims to examine the principle of prohibition of retrogression in environmental matters, especially as a guarantee of the interests of future generations. In this context, it uses a methodology of bibliographic source, compelling the understanding of renowned authors on the subject, in addition to the deductive approach method, evidencing the relevance of the principle of prohibition of environmental setbacks not only for today, but also for tomorrow (present and future generations), culminating with a reflective analysis on its applicability, with an exposition of the currents of interpretation of the principle extensive and restrictive, as well as the innovative study by the Portuguese professor Alexandra Aragão, who invokes the reversible or irreversible effects – little serious or serious – "state of necessity" to delimit the environmental setback. Thus, it amounts an initial approach to the advent of the Environmental Rule of Law, whose scope is environmental protection and the promotion of quality of life for all – new tasks assumed by the State, of extreme relevance, especially in times of environmental crisis. Throughout the research, it examines that this principle limits the action and unfavorable human impacts on the environment and its natural resources, not admitting unjustifiable setbacks, fulfilling a fundamental role before the Public Power, notably in the legislative and administrative spheres. Finally, it is concluded that the principle of prohibition of environmental setbacks corroborates the preservation of ecological integrity, sustainable development and intergenerational justice.