A proteção jurídica dos serviços ecossistêmicos : um dever fundamental ecológico

Abstract

The aim of this thesis is to identify the normative dimensions of the fundamental duty of individuals towards the ecological balance of the environment, identifying the nature of the obligations arising from that obligation. The link between the object of the constitutional protection of the environment and the concept of ecosystem services is evidenced, which makes it possible to reinterpret the content of the obligations imposed on individuals by virtue of this fundamental duty. Although the fundamental ecological duty has content associated with the fundamental right to the environment, invests individuals in autonomous subjective positions, which will constitute obligations of conduct with positive or negative content, aimed at the protection of ecosystem services. Another important point of the research is to understand the conceptual distinction between ecosystem services and environmental services. The positive obligations stemming from the fundamental ecological duty have the identical object of what is being called environmental services. One of the viable paths to the realization of these obligations is the incentive. In this context, the protector-receiver principle is identified as a normative source that bases the consolidation of a promotional legal system, complementary to the rules of command and control. The concrete instrumentalization of the protectorrecipient principle, especially in countries of intense social inequality, should be thought of as an instrument of environmental justice. Thus serving not only as a source of income for the poorest who engage in environmental services, but also as a way of valuing the habits and cultures of traditional peoples and communities, which, without gaining anything in return, contribute to the generation of ecosystem services.