Estado, economia e meio ambiente: finalidade normativa frente à dogmática jurídica

Abstract

The triangular relationship that exists between the State, the Market and the Environment is not something that happens today. The market acts according to its instincts, that is, it is formed by a group of people who make decisions to exchange goods or services according to their individual interests and the incentives that are given to them. The economic initiatives adopted especially by emerging countries such as Brazil, where growth and development are based on a deep economic agenda of exploitation of natural resources, have substantially increased the level of tension between the economic and environmental currents, demanding a normative response from the State that can contemplate both economic expansion and interests in preserving the environment. Thus, this study has prepared a historical overview aiming to explain the close connection that exists between the causes and effects produced by these three actors: the State, the Market and the Environment, alluding to the growing importance given to the protection of the environment, elevating its status to the level of a subject of rights, qualified in many cases as a fundamental right. However, questioning the effectiveness of current legal norms, influenced by legal positivism, with a critical bias towards the structuralist logic of Law, assuming the use of other auxiliary sciences by the law enforcer, to achieve the desired purpose. In the meantime, economic science shows itself capable of thinking and outlining ways to get around contemporary problems, corroborating the affirmation of a new legal paradigm through incentives, especially in environmental issues.