United Nations
This summarized context took people if to mobilize for the defense of the environment. They are ' ' ambientalistas' '. In the same way, jurists and legislators had started to study the question, provoking sprouting of a new right, the human right to the environment. Studying the subject, we will see that this emergent human right can easily be fit as being of 3 generation, has seen that it is in this phase that the diffuse interests (collective) if fit. A logical reasoning is formed, then, that is, that a healthy and balanced environment is necessary, that must be preserved for the gift and future generations. It seems us, therefore, that the construction of this new human right if lines up with those considered as of 1 and 2 generation. The dignity of the person does not have as to exist respect human being without a balanced environment exists for giving support to it. ' ' The environment of Gaia is the first human right.
Without Gaia, homo would not exist the species sapiens' ' , as it designates Edson Blacksmith of Oak, in the workmanship Environment & Human rights (Juru Publishing company, 2010). The reasoning is logical, but, in the practical one, the sprouting of this human right of 3 generation presents some circumstances that they need a deeper reflection. Its object of protection is the balance of the life in the Land, in a destined action to protect and to conserve the current environment and to keep it for the future. The effect of a degradation does not know borders politics. In turn, the human rights (current movement) search to decide the problems that affect the current population and if it fixes inside of the States, searching to guarantee the dignity of the person human being. It appears, in this conflicting scene, questionings: How to respect the dignity of the person human being, in a world where the pressures for food increase to each day? How to make it ahead of the premise of that any activity human being polui, in greater or minor degree? How to deal with the deforestations for the efetivao of pastures or agriculture? What it means the loss of biodiversity for the current generation? The Organization of United Nations the esteem that in 2032 the terrestrial surface is affected, in 70%, for the urban infrastructure implantation without planning.
Its social organization, the originary customs, languages, beliefs and traditions, and rights are recognized to the indians on the lands that traditionally occupy, competing to the Union demarcating them, protecting and making to respect all its bens.’ ‘ 1 Is traditionally busy lands for the indians for inhabited them in permanent character, the used ones for its productive activities, essential to the preservation of the necessary environmental resources its physical and cultural reproduction, according to its uses, customs and traditions. 2 the traditionally busy lands for the indians destines it its permanent ownership, fitting the exclusive fruition to them of the wealth of the ground, the rivers and the lakes in existing them. 3 the exploitation of the hdricos, enclosed resources the energy potentials, the research only cultivates and it of the mineral wealth in aboriginal lands can to be accomplished with authorization of the National Congress, heard the affected communities, being assured the participation to them in the results of cultivates, in the form of the law. 4 the lands that it deals with this article is inalienable and unavailable, and the rights on them, imprescriptible. 5 is forbidden the removal of the aboriginal groups of its lands, saved, ad referendum of the National Congress, in case of catastrophe or epidemic that puts its population at risk, or in the interest of the sovereignty of the Country, after deliberation of the National Congress, guaranteeing, in any hypothesis, the immediate return as soon as it ceases the risk. 6 Is null and extinct, not producing effect, the acts that have for object the occupation, the domain and the ownership of lands legal the one that if relates this article, or the exploration of the natural wealth of the ground, the rivers and the lakes in existing them, excepted excellent public interest of the Union, according to that to make use complementary law, not generating nullity and the right extinguishing to the indemnity or the action against the Union, saved, in the form of the law, how much to the improvements derived from the good-faith occupation.