THE UNCONVENTIONAL ENVIRONMENTAL STATE OF AFFAIRS AND THE FEDERAL SUPREME COURT IN THE PROMOTION OF A TRANSFORMATIVE CONSTITUTIONALISM
Objective: this article aims to analyze the role of the Federal Supreme Court (STF) in promoting a transformative constitutionalism in the context of the unconstitutional and unconventional omission of the Brazilian state in the implementation of environmental policies. Field of study: starting from...
| Autor principal: | |
|---|---|
| Formato: | Online |
| Lenguaje: | Português |
| Publicado: |
TJDFT
2023
|
| Materias: | |
| Acceso en línea: | https://revistajuridica.tjdft.jus.br/rdj/article/view/856 |
| Sumario: | Objective: this article aims to analyze the role of the Federal Supreme Court (STF) in promoting a transformative constitutionalism in the context of the unconstitutional and unconventional omission of the Brazilian state in the implementation of environmental policies. Field of study: starting from the assumption of the legitimacy that the constitutional court has to undertake an emancipatory and transformative reading of the Constitution, we bring the debate on the Unconstitutional and Unconventional State of Things to the scope of the environmental policies adopted by Brazil, taking into account the Argument of Breach of Fundamental Precept 760. Method: from the methodological point of view, we adopted the hypothetical-deductive method and used bibliographical and jurisprudential research. Result: the Unconstitutional State of Affairs is a legitimate structural mechanism in the search to remedy situations in which there are structural failures in environmental policies and massive and systematic violation of the fundamental rights of an indeterminate number of people caused by state omission, and in which there are structural disputes that demand inter-institutional solutions (i); in addition to being unconstitutional, there is an unconventional state of affairs in brazilian environmental policies, as it contradicts several international norms and treaties for the protection of the environment and human rights. Conclusion: the STF, as guardian of the Constitution, must act in favor of a transformative constitutionalism in favor of fundamental rights. |
|---|---|
| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v114i00.856 |