JUDICIAL FUNCTION AND ENVIRONMENTAL PROTECTION: NOTES POLLUTERS-PAYER

Abstract

With the emergence of the Democratic and Constitutional Law, replacing the Democratic State in its merely legislative version, many transformations have taken place. One of the most obvious it happens in the jurisdictional activity, where the judge has gained in autonomy and freedom of interpretation, but always with the objective of guaranteeing fundamental rights. It arises from this scenario its performance in environmental law. With its protection erected to fundamental right, new instruments were needed for its implementation. Among these, it detachs the polluter-payer principle, which is a clear and obvious private sphere intervention in the name of the collective heritage defense.