THE PRINCIPLE OF PROPORTIONALITY AND THE CONFLICTS SOLUTION INVOLVING SYMBOLIC AND RISK CRIMINAL AND ENVIRONMENTAL LAW
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Abstract
This article addresses the process of construction, as well as the doctrinarian and jurisprudential evaluation, of the Symbolic Environmental and Risk Legislation concerning the environmental dimension. It points to the application of the Principle of Proportionality as an instrumental principle and viable response, in order to overcome legal conflicts resulting from the application of the Environmental Criminal Law. The aim of the juridical approach is to allow the creation of new symbols that grant meaning and, at the same time, bring more efficiency in order to solve the legal environmental conflicts. Drawing on a standard regulatory symbolism, instead of appealing at the emergent symbols, is insufficient to solve the environmental conflicts we face today.
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