"Para segurar a boiada": a ADPF 708 e o tratamento estrutural das políticas públicas de meio ambiente e proteção ao sistema climático

Abstract

The 1988 Constitution inaugurated a new scenario for rights, notably the environmental right, which assumed the status of a fundamental right, linked, in particular, to the dignity of the human person. However, its practical manifestation occurs with deficiencies, especially when we consider the rupture with the Brazilian trajectory in the defense of the environment and attention to climate change, which occurred in recent years and are intensified after the change in the presidency. In view of this, ADPF 708 was proposed as a way of putting pressure on the government in the Brazilian Supreme Constitutional Court so that it properly implements public environmental policies, especially related to Climate Fund. From this object, this work investigates the evolution of fundamental rights, identifying the context of visualization of the environmental right and then highlighting it in the Brazilian context, together with the National Policy on Climate Change. It then, analyzes the obstacles, jurisprudential understandings and doctrinal criticisms of the of public policy control rudicial review, highlighting the perspective of structural litigations as an alternative for solving disputes of this nature. At the end, it enters ADPF 708, in an attempt to relate, in practice, the characteristics of the litigation with those of a structural problem. Then, it makes an approximation of the structural litigations and the conduct of the concrete case, demonstrating its advantages and some techniques used for such feat. It concludes that the litigation brought at the heart of the action is of a structural nature, which requires, for its treatment, the composition of a process of the same nature, as a possible way to effectively mitigate the violations perpetrated to article 225 of the political charter.