O Direito ao meio ambiente ecologicamente equilibrado: da previsão constitucional à garantia de sustentabilidade

Abstract

One of the great challenges of contemporary society is to find the balance between social and economic development and the guarantee to an ecologically balanced environment. However, while it is recognized that the development of humanity is necessary, in all its conjuncture, attention must be paid to other aspects, the non-observance of which may lead to extremely damaging effects to life on earth. Given the relevance of the study, the general objective of the present study is the investigation of the constitutional prediction of fundamentality of sustainability granted to the environment. The relevance of the theme is presented due to the scientific and practical importance of research on the environment and sustainable development. In order to support that understanding, it is intended to study, in this juridical approach, as specific objectives, the social right to the balanced environment, as well as its international tutelage, dealing with its fundamentality constitutionally stablished, and approaching, at the end, the sustainable development principle, focusing on the environment, the economic order and the renewable energy sources. Thus, in line with the proposal of this research, the theme is discussed in the light of theoretical and practical senses, so as to promote, with a focus on the fundamental human rights segment, an analysis of the juridicalsocial and economic effects observed through the presented research, at the light of the applicable legislation, in accordance with constitutional rules. For the present work, the analytical method is used, though the investigation of doctrine, scientific articles, laws, decrees, technical reports and academic papers, while the research technique, realized through indirect documentation, is applied through bibliographical and documentary research. The study assumes a theoretical-scientific character with practical effects, as it proposes to verify that a balanced environment and sustainable development are, therefore, assets that have, as the most relevant constitutional characteristic, their indispensability to a healthy and dignified quality of life. Once the proposed analysis has been undertaken, according to the methodology used, it can be concluded that the ecologically balanced environment and sustentability are, in fact, fundamental constitutional rights set forth in the Brazilian juridical order, as well as human rights universally embraced in both national and international juridical order, transcending the internal juridical limits of the State, and that, for their effectiveness, it is necessary to be achieved energy security through the use of renewable energies.