O direito constitucional de todos ao meio ambiente ecologicamente equilibrado e sua força normativa para a construção de uma cultura de equilíbrio ambiental no Brasil

Abstract

This is a study of the normative force of everyone´s constitutional right to an ecologically balanced environment in order to build a culture of environmental balance in Brazil, belonging to Environmental Law and New Rights research line, main field Enviromental and Social Law, of Post-Graduate Program in Law, for Master degree obtention, University of Caxias do Sul (Brazil). The ecologically balanced environment, which is a transindividual right, is a people´s common use and essential to a healthy quality of life, commissioning the Government and the collectivity to defend it and preserve it for the current and future generations. The new constitutional right to private property paradigm affects the exercise on the field of the social function and environmental function of the property. Therefore, the State no longer maintains any property, but one that fulfills its social and environmental function. Environmental participatory democracy, through its various instruments, guarantees to citizens the right to participate actively in building a culture of environmental balance in Brazil. Environmental education has particular importance for all participants in the national life consciousness of the will of the Constitution. Environmental information completes environmental education. Bearing in mind the assumptions of the normative force of the Constitution (Konrad Hesse), the study notes that, in substance, the Constitution is modern, and what about práxis, the everyone´s constitutional right to an ecologically balanced environment is having normative force for building a culture of environmental balance in Brazil.