From then on, one consisted, despite ‘ ‘ heterognia and vacant, a category of rights that if destines to assure the human values and amongst these the valuation with the ecological movements in favor of the right of living in an environment not poludo’ ‘ (BOBBIO, 1992, p.06). From this, the conservation of the environment and the control of the pollution had equally become a question of international interest, rank that the protection of the human rights and the ambient protection go beyond the private domain to the States (TRINDADE, 1993, p.39). Therefore, the normative corpus of the international law of the human rights if extended, accumulating of stocks a great number of treat, ratified in regional and global orbit, with changeable fields of application and covering the protection of human rights of some types, and in different domnios of the activity human being (id and ibid, p.40). In such a way, in relation to the ambient protection, some treat mechanisms appear and in order to speed the performance in search of a healthful environment.

Amongst them it is the Protocol of Kyoto created with the purpose to diminish the emission of effect gases greenhouse. In Brazil this protocol was ratified in 2005, but the great challenge of the country still is to fight the deforestation of the forests, is standed out that this annihilating action still ‘ ‘ she is one of the main causes of the erosion of the ground and the loss of the diversity biolgica’ ‘ (DAYS, 1994, p.152). The spite of this formularization, the present article will investigate the influence of the Protocol of Kyoto on the legal protection of the forests in Brazil. For this, one becomes necessary to instrumentalizar as sources of studies ambientalistas doutrinadores, constitutionalist and to enclose to the ambient legislation. Thus, by means of this study, to optimize a reflection concerning the performance of this mechanism of ambient protection, as well as demonstrating if has effectiveness in the Brazilian context locating Brazil in the debates of Kyoto.


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