O PRINCÍPIO DA PRECAUÇÃO E A INVERSÃO DO ÔNUS DA PROVA NO DIREITO AMBIENTAL

Abstract

This work is about environment law and is focused on the matter of the inversion of burden of proof when the Principle of Precaution is advocated. In that matter, it scoops to evaluate the concepts and doctrinal positioning about the subject. For that, it is necessary to discourse about the burden of proof inside the environmental law; to analyze all the principles of environmental law, to demonstrate the relevance of each one, while it is an diffused right, the inversion of the burden of proof is indispensable measure to seek the effective implementation of the principle of precaution. The subject is so important that leads to the analysis of the economic activity and its risks. Therefore, the evolution of the concept of environment, together with its protection given by 1988’s Federal Constitution, makes the principle's pillars and concretize the environmental law on Brazilian’s legal order.