The good from the perspective of environmental law and civil law: an irreconcilable dichotomy?

Abstract

This article aims to demonstrate the old dichotomy between public law and private law concerning the environmental good, as well as to common use, which is currently considered by the doctrine, diffuse goods, so it’s the right of everybody, as set out at art. 225 of the Constitution this way, the Civil Law in its article. 1228, incorporates a constitutional vision in finding that the property should be exercised in accordance with the purposes of economic, social and especially in regard to environmental legislation. But while at it’s art. 99, paragraph I states that environmental goods have the legal nature of public law, being inadequate, in a view of the current constitutional reality. The practical implications, the framework of the environmental good as a public good, would be the risk of the asset, be unaffected and free trade, or rather, the legislature in an attempt to protect these assets, provides in art. 100, CC, that “the public goods of common use and special use are inalienable, and while this qualification”, so this article protect and unprotect as these assets can be transformed into goods and consequently affected Sunday. It further implies that Brazilian society is restricted in its much larger: the environmental good, which is considered as a right to quality of life. This can not be without.