Protector Receiver Principle: For a Justification of Archievement in the Light of the Legislated Behavioral Analysis

Abstract

This trial was designed with the aim of justifying the need for improvement and effective implementation of standards directly related to the promotional role of environmental law, especially the new principle of the protector-receiver, based on the understanding that the classic normative model of command and control does not come out to be enough to achieve the desired behavioral targeting of legislated, especially when considering a scenario where the weaknesses that underlie the exercise of power of the state police, especially the acts of enforcement, are latent. To set up the explanation, will be presented, from an economic and behavioral analysis, the social stereotypes sustained by Oliver Wendell Holmes in the work The Path of the Law, consigning the characterization of the good man and bad man profiles, the latter considered by Jack Balkin a special version of homo economicus, interested in maximizing their personal satisfactions. Seated the premise that individuals, in general, adopts actions aimed at achieving a self-interest, will be presented, on the second part, the analysis of the mission and functions of the legal rules. To say that the law plays the primary role of regulation of social behavior and, therefore, should consider, harmonic mode, negative-repressive instruments and positive encourager ones, will be adopted, as pillars, lessons of Norberto Bobbio, drawn from his work General Theory of Law and From the function structure: further study of legal theory. Finally, by way of illustrating the reason behind the principle of protector - receiver, State Law No. 13.223 / 2015 establishing the State Policy on Payments by the State of Bahia Environmental Services will be presented.