Direito, economia e meio ambiente: a função promocional da ordem jurídica e o incentivo a condutas ambientalmente desejadas

Abstract

The connections between Law and Economics have always been included in the list of debates in academic circles. Nowadays, the idea that Law and Economics exert influence upon each other is commonplace, meaning that the legal system affects decision-making in economy and vice versa. In this context, academic research connecting both fields becomes more necessary and, in this sense, the movement known as Economic Analysis of Law – EAL, dedicated to the study of the relations between Law and Economics, grows in relevance At the same time, environmental protection is nowadays deemed as a fundamental value for society, which clearly takes to the exigence of promoting discussions on a new and ecologically correct develpment model. This paper, therefore, intends to adapt the Theory of Law to the changes found in contemporary society, considering that classic roles of the legal system aimed at assuring protection and promoting repression are not satisfactory to encourage behaviours considered interesting to social life, especially environment-friendly behaviours.