Defense Legislation
Still the example of the Federal Constitution, the state legislation considers that the proper society must become responsible for the zeal of the common good, in which if it constitutes the environment where she is inserted. So that all have access to this clean and preserved environment, the joint action of the Public Power and the citizens becomes necessary who compose the society of definitive place. The legislation foresees despite some instruments must be used so that it if fulfills, guaranteeing as soon as the laws they are not only in the theoretical field and that they really become to fulfill. As for the sphere of the ordinances, the Federal Public Power suggests that these create the City councils of Defense of the Environment (CONDEMAS), that the local circumstances must have in the city halls an executive support in accordance with. Such advice have as function to work suplementally to the state agency, over all in the analysis and fiscalization of enterprises of small transport and to promote the participation communitarian, either in the promotion of the audiences for the great projects, either promoting the campaigns local of education awareness, beyond watching over for the units of conservation of the city. The model of ambient management found in the Law n 6,938/818, being democratic and participativo, when it considers the CONAMA with ample composition and deliberative power, strengthened for the Federal Constitution of 1988, is also essentially decentralizing, therefore establishes competing abilities to state agencies e, in certain extension, to the municipal agencies, thus stimulating the cooperation of the three levels of government to reach the objectives of the ambient legislation. The beginning of the precaution the principles of the enviromental law adopted by the Federal Constitution had suffered to fort influence from the German doctrine. The right of the environment is characterized by three basic principles, the beginning of the prevention, the polluting agent-payer or principle of the responsabilizao and the beginning of the cooperation or of the participation. .