The human right to live in an ecologically balanced environment must always be respected, given the historical struggles and achievements that translate into this right now expressly protected in the Constitution of the Federative Republic of Brazil of 1988. Respect for the environment is everyone's duty and can only be achieved by complying with environmental laws and their institutes, and possible environmental setbacks must be analyzed from the Brazilian constitutional system that imposes the duty of ecological balance and the prohibition of setbacks in environmental protection. It is in this sense that we cannot lose sight of the social and environmental function of property and the principle of the prohibition of retrogression in the protection of social and environmental rights, under penalty of always being subject to "crises" and individual wills that are dangerous to life.