Environmental Standards
Competence, Validity and Fundamental Rights
DOI:
https://doi.org/10.14393/RFADIR-v49n1a2021-46846Keywords:
Autonomy, Decentralization, Environment, FederalismAbstract
Environmental norms are fundamental in the structuring, organization and discipline of acts that permeate the environment as a whole. For this reason, it is necessary to state the legal basis for its competence, validity and position of such standards in the face of fundamental rights. For this, the present research was developed in a descriptive and exploratory way, through a bibliographic and documentary method making it possible to verify its basis from the Federal Constitution followed by infraconstitutional legislation demonstrating the competent entities as well as their normative force cogent. Its imperative is demonstrated not only by the Constitutional Text but also by the jurisprudence of the mother country and several doctrinators. Recognizing its normative force, environmental norms must be observed as long as they
are implemented in the Brazilian legal system, outlining guidelines for the protection and preservation of the environment.