Parâmetros interpretativos do Supremo Tribunal Federal na solução de colisões entre o direito fundamental ao meio ambiente e o princípio da livre iniciativa

Abstract

This dissertation investigates the interpretative parameters adopted by the Supreme Federal Court (STF) to resolve conflicts between the right to an ecologically balanced environment (Art. 225, Federal Constitution of 1988) and the objective principle of free enterprise (Arts. 1, IV, and 170, Federal Constitution of 1988). Initially, the definitions, contents, and scope of these constitutional rights are presented, highlighting the interdependence between economic development and environmental sustainability and reinforcing the need for their harmonization. The dissertation then moves on to examine the interpretative parameters applicable to conflicts between fundamental rights and the instrumental principles of constitutional interpretation, which form the theoretical basis for this case-law review. Methodologically, this is a qualitative, theoretical-empirical, and analytical-jurisprudential study, supported by structured proportionality (Robert Alexy) - adequacy, necessity, and proportionality in the strict sense, the law of collision, weighing structures, and prima facie priorities - and integrity (Ronald Dworkin), which requires principled decisions, systemic coherence, and intergenerational responsibility. Using Toni M. Fine's method for case reading, RE 134,297/SP, ADI 3,540-MC/DF, ADPF 101/DF, RE 607,109/PR, and ADI 6,218/RS are analyzed. The results show: a) conditional prevalence of environmental protection when relevant risks are demonstrated and the adequacy and indispensability tests are met (partial confirmation of the hypothesis of preference under art. 225); b) consistent use of proportionality as a compatibility technique (confirmation of the methodological hypothesis); c) affirmation of the prohibition of insufficient protection, non-regressivity, and the possibility of more protective local regimes; and d) recognition of an institutional factor - the seriatim model of deliberation - that demands greater discipline in reasoning to ensure intersubjective control. It is concluded that the STF consolidates a jurisprudential model of sustainable development, conditioning free enterprise to sustainability standards under a combined matrix of proportionality and integrity. [resumo fornecido pelo autor]