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Direito constitucional descomplicado 2013 pdf

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Economics and Politics Working Paper 04/ June 12, lesforgesdessalles.info? sequence=1>. Acesso em: 10 dez. . ______ Direito Constitucional Descomplicado. Livro Portugues Descomplicado Henrique Nuno Estante tese de doutorado, sob a orientação do professor celso antônio‐ june physical science paper 2 - online volume 1 direito constitucional i teoria geral da constituição. To Corbatta () the sustainable development presented in the Argentina . We took advantage of Silva's teachings (): As normas constitucionais assumiram a consciência de que o direito à vida, .. Direito Ambiental Descomplicado.


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This constitutional provision brings initially a negative obligation to all in order not to degrade the environment, as its protection is considered of general interest. The Constitution consider water as an essential and natural resource for life, elevating the right to access to clean water and sanitation as a basic rightsof the human person.

Discussing the Uruguayan infraconstitutional forecasts, Souza argues that the country significantly evolve its environmental legislation, highlighting: This Law states of general interest, and in accordance with article 47 of the Constitution, the environmental protection, incluing air quality, water, soil and landscape. This law regulates the conservation of biological diversity, the con- figuration and structure of the coast, the reduction and proper management of toxic or hazardous substances and wastes whatever their type.

The Environmental Protection address the prevention, elimination, mitigation and compensation of negative impacts, the protection of shared natural resources and located outside areas subject to national jurisdictions. The regional and international environmental cooperation and participation in solving global environmental problems are also subject to this law.

Finally, it presents the design, instrumentation and implementation of environmental national policy and sustainable development. Bolivarian Republic of Venezuela Venezuela promoted the inclusion of a separate chapter regarding the environ- ment in order to respect the international agreements signed by it, and also aiming to achieve sustainable development, expressed in article , by providing that all people can devote to the economic activity of their choice, but respect some limitations, as the environment.

In this device, we verify the adoption of several constitutional principles, such as the sustainable development, the right of people to live in a safe, healthy and ecologically balanced. The Venezuelan government obligation to protect the environment, biodiversity, genetic resources, ecological processes, national parks and natural monuments and other areas of special ecological importance are also presented.

In an innovative way, this device regulates even the patent of the genome of living be- ings, which cannot be patented. As for spatial soil, it should be developed by the Venezuelan government with popu- lar participation article Article predicted the study of environmental and socio- -cultural impact, being considered a requirement for all activities that can generate damage to ecosystems.

This same device, similar to the constitutions of Paraguay and Argentina, prevent the insertion in the national territory of toxic and hazardous waste. The Venezuelan State prohibits the inclusion of toxic and dangerous waste, as well as the manufacture and use of nuclear, chemical and biological weapons.

It also regulates the extension of a number of obligations to others, national or foreign, in the contracts concluded by Venezuela.

The Venezuelan Civil Code concerns in article , second paragraph, that lakes and rivers are public assets and, consequently, inalienable by article In case of any irregularity in this permission, the Penal Code alarms for imprisonment from six months to a year and a fine of six hundred to a thousand times the minimum wage.

The water use regime in Venezuela is regulated through the Land and Agricultural Development Law, of November 9, article 26 and following. The oil activity is crucial to Venezuelan economy.

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Therefore, this subject should be widely discussed by all the MERCOSUR countries in the search for a legal harmoniza- tion that reconciles this important economic activity for Venezuela with environmental protection. The principle of sustainable development triggers other important principles especially the environmental licensing, an important instrument in front of potential and significant environmental degradation activities.

During the first legal frameworks there was some concern that the environment was not considered an obstancle for trades and others commercial relations. It was recognized the need for harmonization of domestic legislation for this purpose. It is not easy to identify an environmental general legal framework, despite the efforts in that direction.

The efforts of MERCOSUR countries and institutions to achieve harmonization of environmental legislation must continue to be primordial and within a regional inte- gration process. This must happen both to protect and preserve the environment but also for the domestic legal distortions do not become obstacles to free trade, a key factor of any regional integration process with economic purpose, as is the case of MERCOSUR.

It is precisely this aspect worthy of not limiting rules for impact economic activities, but made compatible with the preservation of the environment. This will be possible through increasing harmonization of the rules on environmental licensing, as has occurred under the guidance of MERCOSUR institutions. This situation in MERCOSUR is fully possi- ble because it finds legal support for the principles of environmental law printed in the constitutions of the states parties.

In case of noncompliance it shall provide national judicial systems and even international conflict resolution. In discussing national predictions about the environment, we note that there are certain similarities in these forecasts, which find their basis in the major international treaties on global environment. But, especially, with direct and indirect benefits for MERCOSUR citizens who have a right to an ecologically balanced environment, as how national constitutions rose as a fundamental right.

This is a way of of establishing a commitment to the future, to consider the same as the international law agrees, that those who will inherit this environment will be able to live in a good or even better conditions.

In other words, to speak of sustainable development and eco development is the same as saying that the environment has become an inseparable part of the necessary conditions for human progress CORBATTA, The responsibilities of local governments are primary.

When it comes to managing environmental issues, the provinces hava an absolutely and fundamental responsibility on it. Nevertheless, the Nation has a duty to dictate the lesgislation on one hand based upon the minimum protection requirements necessary to ensure equal conditions to all nation inhabitants wherever they are located, and on the other hand to safeguard the necessity of being linked to global environmental preservation standard.

Hence, this logic stipulates that the provinces deeply know the material on which they are expected to legislate, and they are not required, in any way, to take measures under provincial requirements. Hence, the constitution aspires to the greatest of all cfr.

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It realized that the right to life is an important value, above any considerations such as development, the respect for the right of ownership, or as the private sector. These are also guaranteed in the Constitution, but they can not take precedence over the fundamental right to life, which is at stake when discussing the environmental protection, because the environment is an instrument in the sense that, through this guardianship, it protects a greater value: Buenos Aires, Porto Alegre: Livraria do Advogado, Senado, Almedina, Mercosur y Medio Ambiente.

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