Ano VIII - n. 12 2010 - Faculdade Christus

O direito subjectivo ao ambiente: um artifício legislativo e jurisdicional
aim of the right. Every citizen is simultaneously qualified
in the Portuguese Constitution as beneficiary and
obliged individual, as people have both the right to the
environment and the duty to preserve environment. The
essential idea is that the right to environment implies
a fundamental task to defend environment, inherent to
the responsible practice of citizenship. Furthermore, the
limitation of the aim of the fundamental duty to defend
environment to the protection on nature is the sole
manner of finding an useful meaning to the Section 66º
of the Portuguese Constitution, avoiding the mistakes
provoked by a broadened notion of environment and by
a model of environmental protection related to the rights
to personality, property and economic initiative.
Keywords: Subjective right. Environment. Fundamental
duty.
REVISTA OPINIÃO JURÍDICA 329