A aplicabilidade das normas constitucionais ambientais à luz dos ordenamentos brasileiro e português

Identificador:  TDX:2703

Handle: https://hdl.handle.net/20.500.11797/TDX2703

Autors:  Queiroz Caúla, Bleine

Resum:
The main objective of doctoral thesis is the analysis of the applicability of the constitutional norms environmental and the obstacles that face its effectiveness. The research is focused on the legal systems of Brazil and Portugal, because both regulate the right to a healthy environment in their respective constitutions and their historical-cultural approach offers an added attraction to observe how both regulations have coexisted parallel in a context of changing reality. The laws of these countries have experienced the constant communication of their constitutional systems, and although the determination of a right to a healthy environment in both cases has proved premature in its configuration, in spatial and temporal terms, the inherent secular problems have been visibly diverse and with timeless risks that have determined its effectiveness. In its methodological aspects, the purposes of the research are exploratory and descriptive. Internationalization and, therefore, the constitutionalisation of environmental norms have contributed to the timeless configuration of the right to a healthy environment. The indeterminacy of the temporary implementation of this right has not been an obstacle to the fact that in the case of Brazil as in Portugal, the constituent legislator has ratified the responsibility of all social actors, thus promoting a greater effectiveness of this right. The answer to the research hypothesis on the legal regime for the implementation of the constitutional environmental norms confirms its approach to the core of fundamental rights and, consequently, the special legal regime of protection. In short, through a comparative analysis, this dissertation defends a regime of immediate applicability of the constitutional norms, regarding to the fundamental right to a healthy environment, in order to ensure its legal effectiveness, for the benefit of present and future generations and as a transformative paradigm of a development model, highly predatory to natural resources.