The Existence of an Unconstitutional State of Things in Environmental Matters: Comments to the Monocratic Decision under 'ADO' nº 60 of the brazilian Federal Supreme Court
In this commentary, the analysis of the monocratic decision rendered in the scope of the direct action of unconstitutionality for omission with request for precautionary measure No. 60 of the Supreme Federal Court (STF) is carried out. The importance of this study is justified by the arguments provi...
| Autores: | , |
|---|---|
| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2021 |
| País: | Brasil |
| Institución: | Universidade Federal de Uberlândia (UFU) |
| Repositorio: | Revista da Faculdade de Direito da Universidade Federal de Uberlândia (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.www.seer.ufu.br:article/58403 |
| Acceso en línea: | https://seer.ufu.br/index.php/revistafadir/article/view/58403 |
| Access Level: | acceso abierto |
| Palabra clave: | STF Direitos Humanos. Direitos Fundamentais Meio ambiente Human Rights Fundamental Rights Environment |
| Sumario: | In this commentary, the analysis of the monocratic decision rendered in the scope of the direct action of unconstitutionality for omission with request for precautionary measure No. 60 of the Supreme Federal Court (STF) is carried out. The importance of this study is justified by the arguments provided in the decision as a response to the applicants, who postulate the recognition of the unconstitutionality of the Union's conduct in conducting the Climate Fund, as well as in the adoption of environmental protection measures relevant to the mitigation of climate change. Despite the importance of the environment as a precondition for the enjoyment of other rights that are part of the existential minimum, there is scope for discussing, within the scope of the state's duty to protect, the need to respect the right to the environment. ecologically balanced autonomously and not only to ensure the enjoyment of other fundamental and human rights. Therefore, considering the current context, in which the right to a healthy environment is protected in order to guarantee the realization of essential rights for human beings, it is essential to understand how the innovative theory received by Brazilian jurisprudence through of ADO nº 60 - the right to the environment as an autonomous right, with legal interest in itself - can contribute to the Brazilian environmental protection. |
|---|