PENAL PROTECTION OF THE ENVIRONMENT AS CONSTITUTIONAL HUMAN RIGHT

Abstract

The environment, today consecrated doctrinally as human right of third ge[1]neration and covered with constitutional provisions that elevate the status of fundamental rights in the context of different countries, it is legal right able to be effectively supervised by the penal law, however, lacks changes in its se[1]cular individualist dogmatic to defend a right that is at once individual and di[1]ffuse. The text includes, under the logical-deductive reasoning and literature, the guarantee of the environment through penal law and makes proposals for better environmental protection, corresponding to them, in addition to [fitness] more appropriate penal standards, the establishment of a Court competent in[1]ternational for penal demands related to environment and assumption of penal liability of legal persons. It is recognized, environmentally, a true constitutio[1]nal strain assurance, not only diffuse, but also individual as directly related to the quality of life of each being and that triggered, in recent decades, the con[1]secration of international and constitutional documents effective protection.