Jurisdictional function and environmental protection: Notes on the polluter pays principle

Abstract

With the emergence of the Democratic State and Constitutional Law, replacing the Rule of Law in its purely legislative version, innumerous transformations have taken place. One of the most obvious occurred at the court activity. Before the Judge was just the manifestation of the will of the legislature, today his work space has changed. It has gained autonomy and freedom of interpretation. However, its objective has focused in one direction: the guarantee of the fundamental rights. In this scenario, it raises its performance in environmental law. With its fundamental right to protection erected, new instruments were needed to achieve them such as the polluter pays principle, clear manifestation and intervention in the private sphere defending the collective heritage.

Key words: Democratic rule of law, jurisdictional function, environment.