Proteção ambiental e corte interamericana de direitos humanos: um aporte de reflexão para a justiça comum brasileira

Abstract

Severe environmental damage undermines the history of mankind and endangers the survival of all species. To determine the basis of the high level of environmental harm created and a possible solution justifies the relevance of this work to the extent in that nowadays it concentrates structural changes in society. The revolutionary human progress and the intensification of environmental disasters arise as critical factor by its need for global environmental protection, in which case it reveals the emergence of a new attitude by the Inter-American Court of Human Rights, recognized as “greening”, as well as the constitutional mission of the Brazilian Judiciary, mainly regarding state courts, to update the direction of the standard as not reformed by the legislature and to prevent or remedy any threats or injuries. The purpose is, in this sense, to describe the development of nowadays globalization occurrence and its relationship to risk society. It is also intended to go further the designs of the risk society as a second introductory guideline. From these considerations, it is important to stress the current value of the monistic and dualistic conceptions and, considering the narrated parameters, the currently employed directions to sovereignty and to new patterns of the international and supranational law expressions. It falls, moreover, into the study of the pursuit of the interactions between environment, human rights, the right to development and international trade, focusing on alleged tensions and interrelations, to ultimately, verify the substance and the occurrence of an Environmental State of law in Brazil. Hence, the description of the Inter-American Court of Human Rights, under the jus cogens focus, is an assumption to the examination of greening, which leads to the examination of the Brazilian justice in the face of its Federal Constitution and the potential to protect the environment with a more fully and comprehensive approach. At the end, there is an attempt to establish a starting point, although without any effort or intention to consecrate ideas, but only a limited outline which attempts to lead to a reflection on the socioeconomic and environmental framework in progress.