A discussion of the social environmental state of law: The cooperation between state and collectiveness

This article intends to examine the formation process of the social environmental state of law, recognized as a necessity for the modern society. The proposal builds on the understanding that, in order to promote the environmental protection, the state of law had established some legal instruments. In fact, one of the main tools used was the constitutional order for the cooperation between the civil society and the state. In this sense, this article is intended to ascertain how this cooperation has been conduced. The intention is to verify whether this instrument is truly being effective in order to guarantee the environmental quality. Therefore, in this study, the social environmental state of law is identified as inserted in a globalized context; in which economic interests can easily overlap other social intentions, as well as in the risk society juncture context, regarding the environmental matter.