THE MOTIVATION OF THE ENVIRONMENTAL JUDICIAL PROTECTION

• Autor(a) principal: Villas Boas, Marco Anthony Steveson
• Data de Publicação: 2018
• Outros Autores: Arruda, Laudyone Edmailtom dos Santos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Esmat
• Texto Completo: http://esmat.tjto.jus.br/publicacoes/index.php/revista_esmat/article/view/230

The Brazilian Constitution, of 1988, protected the environment from an anthropocentric conception with an ecological perspective, including the protection of the environment in the same juridical and political system, from fundamental, social, political and economic rights, revealing the option for the State of Social and Environmental Law, in which pluralism and multiculturalism gained special importance. Otherwise, despite the normative advance and the public policies developed in Brazil, the juridical system has not achieved enough normative force yet to avoid environmental degradation, bringing to the Judiciary the task of resolving the several conflicts between the right to development and the right to the balanced and healthy environment, often not majority, as it is required by the weighting of fundamental rights, especially of minorities, task that requires more laborious argumentation and motivation, with the consciousness that the principle of reasonableness often seems to be insufficient to resolve environmental conflicts, hence the importance of procedural opening for popular participation, to offer a greater degree of democratic legitimacy to the discursive construction of the judicial protection.