Os deveres do estado brasileiro e o direito de acesso à informação ambiental: análise do acórdão proferido no julgamento do recurso especial nº 1857098-MS

Abstract

This article aims to analyze the duties of the Brazilian State regarding the right of access to environmental information, a component of the triad consisting of information, access to justice, and social participation. The study presents an overview of the emergence of third-generation fundamental rights, focusing on environmental protection, and examines the concept of environmental information, its development, and key legal milestones. Additionally, it analyzes the responsibilities of the State and the role of the Judiciary, with emphasis on the judgment of Special Appeal No. 1,857,098-MS, which established mandatory guidelines for the dissemination of environmental information. It concludes that, despite its normative recognition, the effective realization of this right faces obstacles and requires firm judicial action to ensure transparency and governmental accountability.