And so it is said we go against history and track the dynamics of the organization that pushes neoliberal economics is required in each of the countries will expand the role of state intervention against the polluting company, predatory or extractor irrational natural resources to prevent and caution, with their behavior, environmental damage.

The remedy can not be after, to cure the damage, we can not expect the injury heal with money, payment of compensation, for large they are, because they are not profitable ecologically, the intentional torts of U.S. law is not-enough, the concept of "punitive damages" and further compensation is not applicable to the environment.

And it will be said that states are no longer involved, that this conception is Jurassic in public law, and we must respond that even within the finest neo-capitalist model, administrative law has left the door open so that necessary legal control activity by the State, through the legal spectrum regulation, as questioned and misapplied in our environment, as it has allowed the "capture" of regulators by the industry and the regulated industry, but has been the product of complacency and tolerance of the parties involved and not a result forced or compulsory legal effect of the institution.

In a study on coastal ecosystems two years ago, the scientist Jeremy Jackson discovered that is overfishing of predators, instead of pollution and global warming, the possible cause of "dead zones" in the ocean, areas of total system collapse, where microbes occupy the emptiness left by fish and invertebrates. There are dead zones in the Gulf of Mexico, Chesapeake Bay and the Baltic and Adriatic seas, and are spreading to open seas.

Summarily it can be argued that, in the collision of rights that occurs between producers and polluters, and the rights of the community to a healthy environment is necessary state intervention (or the regulation, as we leave exposed), to achieve the occurrence of the principles of prevention and precaution, and to avoid irreparable environmental damage that ultimately affect the right to life of men and species in general.

If we refer to human rights such as life, health, education or the right to work and even vital subsistence minimum, the application for protection is the appropriate course of action for your defense. And, conversely, if the aim is to protect and care for the environment, the right to a healthy environment, from the way actions will guarantee rights such as the protection, unconstitutionality process, subject from the obligation of political decisions based on the protection of life on the planet.

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