The Existence of an Unconstitutional State of Things in Environmental Matters

Comments to the Monocratic Decision under 'ADO' nº 60 of the brazilian Federal Supreme Court

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n1a2021-58403

Keywords:

STF, Human Rights, Fundamental Rights, Environment

Abstract

In this commentary, the analysis of the monocratic decision rendered in the scope of the direct action of unconstitutionality for omission with request for precautionary measure No. 60 of the Supreme Federal Court (STF) is carried out. The importance of this study is justified by the arguments provided in the decision as a response to the applicants, who postulate the recognition of the unconstitutionality of the Union's conduct in conducting the Climate Fund, as well as in the adoption of environmental protection measures relevant to the mitigation of climate change. Despite the importance of the environment as a precondition for the enjoyment of other rights that are part of the existential minimum, there is scope for discussing, within the scope of the state's duty to protect, the need to respect the right to the environment. ecologically balanced autonomously and not only to ensure the enjoyment of other fundamental and human rights. Therefore, considering the current context, in which the right to a healthy environment is protected in order to guarantee the realization of essential rights for human beings, it is essential to understand how the innovative theory received by Brazilian jurisprudence through of ADO nº 60 - the right to the environment as an autonomous right, with legal interest in itself - can contribute to the Brazilian environmental protection.

Downloads

Download data is not yet available.

Author Biographies

Fernanda Rezende Martins, Universidade Federal de Uberlandia

Mestre em Direito na Universidade Federal de Uberlândia. Pós-graduanda em Direito Ambiental e Urbanístico pela PUC-Minas. Bacharel em Direito Universidade Federal de Uberlândia.

Milla Christi Pereira da Silva, Universidade Federal de Uberlandia

Mestranda em Direito pela Universidade Federal de Uberlândia. Advogada.

Downloads

Published

2021-09-07

How to Cite

Rezende Martins, F. ., & Pereira da Silva, M. C. (2021). The Existence of an Unconstitutional State of Things in Environmental Matters: Comments to the Monocratic Decision under ’ADO’ nº 60 of the brazilian Federal Supreme Court. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(1), 745–753. https://doi.org/10.14393/RFADIR-v49n1a2021-58403

Issue

Vol. 49 No. 1 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Jurisprudence Analysis

License 

 
FREE ASSIGNMENT OF COPYRIGHTS - By submitting the article on the website, the main author and other co-actors, if any, authorize(s) the Journal of the Faculty of Law of the Federal University of Uberlândia to publish the article of their authorship. Consequently, through submission, the author and his co-authors, if any, freely assign copyright to the article, reserving only the rights to intellectual property. He/They further declare(s) that the ideas and concepts issued therein are entirely his/their responsibility, as well as expressing agreement with the graphic corrections that may be made.