Efetivação de políticas públicas ambientais na era da (des)informação

• Autor(a) principal: Moreira, Nelson Camatta
• Data de Publicação: 2021
• Outros Autores: Oliveira, Antônio Leal de, Peixoto, Robertha dos Santos
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: https://doi.org/10.29293/rdfg.v8i02.342; http://191.252.194.60:8080/handle/fdv/1379
• topic: Desinformação; Direito ambiental; Fake news; Políticas públicas; Pós-verdade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

BACKGROUND: This article seeks to analyze, through doctrinal and legislative research, Environmental Law as a fundamental right, which has its effectiveness difficult in the face of technological development and the growth of consumption demands that led to the increased use of natural resources as a matter and, consequently, environmental degradation, in particular, deforestation in the Brazilian Amazon region. In this scenario, the inefficiency of public environmental policies to contain this situation and protect the environment is highlighted. OBJECTIVE: It seeks to identify one of the causes of the inefficiency of environmental public policies and how it can worsen the scenario of environmental degradation with the approval of Bill 2.633/20. METHOD: The method of approach used in the present study was the inductive method, since it went from the analysis of facts to laws, through hypotheses, that is, it starts from the observation of some phenomena of a certain class, for all of that same class. . This is because, in the present study, we sought to critically analyze the challenges for the realization of environmental law as a fundamental right, especially in a context of disinformation and fake news, also addressing the breadth of the impact of the fake news phenomenon in other areas. in general. For that, bibliographic research and documental analysis (legislative) were used. RELEVANCE/ORIGINALITY: The theme presented is of paramount importance because it is a current issue, when analyzing a recently proposed Bill, still in progress and if approved, it can have enormous implications for the realization of fundamental rights. In this way, we sought to work a critical and original look at the relationship between fake news that are being increasingly disseminated and the problem of implementing public environmental policies in Brazil, a theme that is not disseminated or associated with so much together, but that has an implication in the reality of Brazilian society, in view of the effects of the decisions that are taken by the Public Power. RESULTS: From a critical analysis and under a constitutional bias, it was possible to infer that the intention behind PL nº 2.633/2020 may converge with those used by the creators and disseminators of disinformation, when using the pretext that they seek to facilitate the land regularization in the Amazon region, when in fact, they cover up the violation of environmental laws and allow the occurrence of land grabbing. In addition, it was identified that disinformation is just one of the symptoms that make up the serious crisis of confidence of institutions, such as the government, the press, science, including the people themselves in this post-truth era, and in the present study, we sought to highlight the impact of achieving the implementation of public environmental policies in this increasingly critical scenario. THEORETICAL/METHODOLOGICAL CONTRIBUTIONS: Through the study carried out, it was identified that the main theoretical and/or methodological implications are related to fake news, in the context of the post-truth phenomenon, as one of the causes in the influence of mass society and decisions that can be taken within the scope of the Public Power, as well as their various implications.