Retroactivity of the Environmental Compliance

Abstract

In this document the author takes an innovative hermeneutic position, setting the stage for the reconstruction of the principle of non-retroactivity of the law when it clashes with environmental legal principles such as the in dubio pro natura, progressivity and regressivity. This interpretation is a new effort in consolidating the idea of an environmental public order, as part of the Environmental and Social State of Law. This proposal denotes once again the need for a flexible approach that the protection of the environment imposes on traditional legal institutions, which were built for an individualistic reality, and not to comply with the protection of collective and diffuse interests.