Aspectos estruturantes da relação direito e ciência na construção probatória do dano ambiental

Abstract

The information from the science communicate with the system of law through judicial expertise, testimony and opinions, giving reasons for the occurrence and extent of environmental damage. It consists of highly relevant scientific evidence in legal proceedings for determination of environmental damage, providing the information needed to judge expressing his decision. Under environmental law, the analysis of scientific evidence by the courts is through a coupling between law and science, according to Systems Theory. This operation requires the formation of pre-defined criteria. Adequate intersection of these two systems is necessary for the consolidation of scientific certainty due to the necessity of legal validity in the process of judicial decision making. The legal system where, in the center, are the courts, acts as a kind of filter for solving the scientific knowledge to society. The definition of criteria for the legal interpretation of science should consider substantive and procedural provisions. Should be preserved the authority of science, but it is for the right to consider how and expertise of how the scientific concepts will be considered valid in the process of judicial decision making.