Tutela jurisdicional do meio ambiente: perspectivas acerca do princípio constitucional da solidariedade entre gerações

Abstract

The present study aims to analyze the constitutional principle of intergenerational solidarity within the jurisdictional environment. It portrays this relationship from a legal perspective of denoting the importance attached to this principle in the legal system and how to impact the scenario of protection of diffuse rights. It proposes the study, initially, from the action of the Ecological Constitutional State, specifically, with regard to the risk society and the fundamental right to the ecologically balanced environment. It makes a brief historical review of this society and the state itself, in order to compare it in time, to the present day, to glimpse what can be done about environmental preservation. It exposes the analysis on the preventive jurisdictional protection of the environment, demonstrating its relation with the structuring theory of the law. It points to ethics as the foundation of environmental procedural protection. It investigates how the formulation of new values can lead to new directions in environmental matters, especially in the reformulation of long-established behaviors, from the simplest to the most complex attitudes. It discusses how the Government treats the Amazon Fund issue and the legislative production, in order to raise questions about the fate of future generations. It also analyzes the role of participatory democracy in addressing environmental challenges by including environmental legal education as a determining factor for the transformation of society and collective mobilization as one of the main tools in this context. Both point to a worthy future to be destined for future generations, giving true meaning to the principle of intergenerational solidarity. As a methodology, it uses bibliographic research. The adopted methods were historical, dialectical and deductive. In view of the scenario that is being concluded, it leads to the understanding that the above-mentioned analysis is possible and essential for the advancement of environmental protection, by contributing to the attainment of environmental rights, since the normative force of the principle of intergenerational solidarity It can be achieved through concrete activities of the Government, such as investing in legal education and strengthening community initiatives, such as mobilization and environmental governance.