DEVERES FUNDAMENTAIS IMPLÍCITOS NA POLÍTICA NACIONAL DO MEIO AMBIENTE “ LEI N. 6.938/81

Abstract

This article aims to cover the legal substrates, the concepts, the constitutional typicality, the concreteness, the structure and the typology, the fundamental duties contained in Brazilian Constitution of 1988 - CRFB/88 which guide the interpretation of Law 6.938/81 - the National Environmental Policy- PNMA. This is a documental and bibliographical study, wich data collection was performed by indirect observation with a descriptive character. In this way, some mechanisms of the CRFB/88 were analyzed and how they are interconnected with the PNMA, specifically, within the scope of the precautionary principle and, subsequently, with the principle of environmental non-regression in order to establish a principled connection relationship fundamental duties. The constitutional context is imbued with the principle of solidarity, which leads to the recognition of the precautionary principle as an authentic right-duty, binding, private and public agents in the adoption of measures, whose guarantee of the ecological function establishes duties in the protection of the environment and offering quality of health and of life and ecological balance, creating legal obligations.