Jurisdição ambiental : o contrato social e sua expressão no direito fundamental ao meio ambiente ecologicamente equilibrado

Abstract

The environmental jurisdiction, to be effective, must be based on consideration of the social contract and its expression in the Constitution with a primarily geared to the fundamental right to an ecologically balanced environment direction. Therefore, it is possible to understand the motivations and substantiation of the social contract until their ideation of this concept in the justice as fairness from a perspective that shows the relationship of this theoretical understanding with the environment. Indeed, it is understood that the democratic relationship between the social contract and the environment ends up expressing the constitutional order, especially in the fundamental right to an ecologically balanced environment. The theoretical explanation achieved enables the central theme of understanding of this research: to assess the effectiveness of environmental jurisdiction. So after introducing the concepts of collective and diffuse rights, concludes the necessary condition for overcoming the rationalist and individualist paradigm of the process to enable the protection of the environmental good, in order to achieve the judicial effectiveness in the preservation and protection of the environment. [resumo fornecido pelo autor]