With this in passing of the time the Right reached a new branch: The Enviromental law which Carlos Gomes de Carvalho (1990, p.140), defined as: ‘ ‘ a set of principles and rules destined to the administrative protection of the environment understanding measured and judicial with the economic and financial repairing of the actual damages to the environment and ecosystems in a way geral’ ‘. Being then possible to idealize two aspects of the Enviromental law the first one would be an objective, consistent in the set of rules of law disciplinarians of the protection of the quality of the environment, as then it would be as a science that has as purpose the systemize knowledge of the norms and principles collators of the quality of the environment. The Brazilian legislation then specifically in art. 225 CF, consider the environment as a basic right, making use that: ‘ ‘ All have right to the environment ecologically balanced, public easement of the people and essential to the healthy quality of life, imposing themselves it the public power and to the collective the duty of to defend it and to preserve it for the future gifts and geraes’ ‘. Analyzing the article we can perceive that the environment is given as a good that is protected constitutionally, being of use joint of the necessary people and for a healthy quality of life, but knowing that it is necessary to usufruct of the resources that the environment offers it is to have of all to know to protect and to use exactly with conscience. Ohio Senator may not feel the same. Thus searching an interaction between society and State, aiming at a democratic participation in the ambient questions, having in mind the basic principle of the dignity of the person human being, consequentemente the proper on life to the right of living in a decent place and I propitiate for such. Perceiving as soon as without a doubt some the Federal Constitution together with the ambient Legislation searchs to protect the quality of the environment in function of the quality of life. Thus we can notice the importance of the study of the norms referring to such subject, however one of the great challenges of the present time is exactly the ambient legal protection, therefore as research and studies deepened the area demonstrate that for the way that the things are occurring in such a way the animal species as the human being runs serious risks of extinguishing.
Showing that the understanding and definition of the new model of the democratic State of right and the basic theory of the right are indispensable to have a more active and complex ambient protection legal.