This summarized context took people if to mobilize for the defense of the environment. They are ' ' ambientalistas' '. In the same way, jurists and legislators had started to study the question, provoking sprouting of a new right, the human right to the environment. Studying the subject, we will see that this emergent human right can easily be fit as being of 3 generation, has seen that it is in this phase that the diffuse interests (collective) if fit. A logical reasoning is formed, then, that is, that a healthy and balanced environment is necessary, that must be preserved for the gift and future generations. It seems us, therefore, that the construction of this new human right if lines up with those considered as of 1 and 2 generation. The dignity of the person does not have as to exist respect human being without a balanced environment exists for giving support to it. ' ' The environment of Gaia is the first human right.
Without Gaia, homo would not exist the species sapiens' ' , as it designates Edson Blacksmith of Oak, in the workmanship Environment & Human rights (Juru Publishing company, 2010). The reasoning is logical, but, in the practical one, the sprouting of this human right of 3 generation presents some circumstances that they need a deeper reflection. Its object of protection is the balance of the life in the Land, in a destined action to protect and to conserve the current environment and to keep it for the future. The effect of a degradation does not know borders politics. In turn, the human rights (current movement) search to decide the problems that affect the current population and if it fixes inside of the States, searching to guarantee the dignity of the person human being. It appears, in this conflicting scene, questionings: How to respect the dignity of the person human being, in a world where the pressures for food increase to each day? How to make it ahead of the premise of that any activity human being polui, in greater or minor degree? How to deal with the deforestations for the efetivao of pastures or agriculture? What it means the loss of biodiversity for the current generation? The Organization of United Nations the esteem that in 2032 the terrestrial surface is affected, in 70%, for the urban infrastructure implantation without planning.