A teoria do direito em face dos novos desafios e exigências da ética ambiental

Abstract

The historical evolution of the law led him to encounter the need to protect legal realities that surpass in many ways, the sphere of the individual and even collective interests. The Environmental Law arises and develops, above all, this need to protect various interests, transindividual. Nevertheless, the concepts of the fundamental theory of law are still tied to the traditional view, eminently anthropocentric, civilian and individualistic, which has represented significant epistemological obstacle to developed-ment of Environmental Law. This article discusses the consequences of this contradiction and difficulties in thinking a theory of law whose categories can emancipate itself from the classi-co juscivilismo, may prove to be more suited to new paradigms of emerging environmental ethics, whose concepts far outweigh the limits of anthropocentrism and individualism, legacies of modern philosophical thought, especially Kant and Descartes. Features well-tam the difficulties faced by lawyers and their theoretical common sense, especially in the mo-ment constitute a fundamental theory of own environmental law, legal discipline still very recent, that for this reason suffers from greater autonomy and a frame more consistent conceptual, able to provide you with the means to meet the challenges is-of the requirement for an appropriate ethics to scientific and technological civilization and the risk society.