ENVIRONMENTAL JUSTICE AND THE FEDERAL CONSTITUTION OF BRAZIL: THEORETICAL AND PRACTICAL ASPECTS

• Autor(a) principal: LOPES, MARYÂNGELA
• Data de Publicação: 2023
• Outros Autores: NOGUEIRA, ELIANE, SANTOS, CARLOS ALBERTO
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Faculdade Mineira de Direito (Online)
• Texto Completo: http://periodicos.pucminas.br/index.php/Direito/article/view/27146
• topic: Environmental justice; Efficiency; Constitutional Foundations; justiça ambiental; eficácia; fundamentos constitucionais

This study aims to identify whether the Federal Constitution of Brazil of 1988 contemplates the postulates of Environmental Justice in Brazil and whether the legal protection mechanisms for vulnerable communities can be put into effect to alleviate situations of social injustice. This is a qualitative descriptive research. For this purpose, documentary and doctrinal studies were used, such as the Theory of Environmental Justice, defended by Martínez Alier (2015), Leroy (2016), Acselrad (2004, 2009 and 2010), Robert Bullard (1993), Rammê (2012 ), in addition to the systematic analysis of the Federal Constitution of 1988. As field activity, semi-structured interviews were used, from open questions on the subject to two previously selected State Attorneys of Justice and a State Deputy of Bahia, using thematic analysis content, according to Bardin (2011). The results achieved demonstrated that the concepts, principles and values ​​that fall on the physical, cultural and work environment established in the Federal Constitution of 1988 are in line with the application of the Environmental Justice. However, for the realization of these rights, the organization and participation of the most vulnerable and invisible populations in situations of environmental injustice is imperative.