As dimensões da justiça ambiental e suas implicações jurídicas : uma análise à luz de modernas teorias da justiça

Abstract

The perspective of environmental justice and its legal implications delimits the subject of the present investigation. The main goal was to exame the theoretical disconnection between the perspectives of environmental justice and ecological justice, and the possibility of building an unitary and expanded concept of environmental justice (and ecological), then extracting of this conceptual expansion legal implications. It is likely analytical research, which were adopted epistemological theories of justice capable of providing theoretical background necessary for the construction of a major notion of environmental justice. The adoption of a conception of justice aimed at achieving the common welfare identified modern justice approaches to demonstrate that environmental justice is not simply redistributive demands, but also demands for social recognition and respect for the essential capabilities to the bloom of life in all its forms. In the light of modern theories became possible to identify the dimensions of environmental justice (intragenerational, intergenerational and interspecies). The identification of the dimensions of environmental justice has allowed us to understand it as a major and unitary concept, but three-dimensional to those who are destinatary of justice, as well as the environmental justice entails not only of moral obligations, but also legal. Rights and duties of fundamental human and ecological, from that three-dimensional perspective of environmental justice redefines and reshapes old legal dogmas of the past, and reorient the building of a new rule (environmental and democratic) of law.