ASPECTS OF THE HISTORICAL EVOLUTION OF BRAZILIAN ENVIRONMENTAL LAW

• Autor(a) principal: Biasoli, Severino Alexandre
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos de História (Belo Horizonte. Online)
• Texto Completo: http://periodicos.pucminas.br/index.php/cadernoshistoria/article/view/30281
• topic: Brazil; Environmental law; History of Environmental law; Federal Constitution of 1988; Brasil; Direito Ambiental; História do Direito Ambiental.; Constituição Federal de 1988

The objective of this article is to analyze the different conceptions on the historical evolution of the political-legal norm of Brazilian Environmental Law, especially by reflecting on the prescriptive and epistemic normative impact of the presence of Article 225 of the 1988 Constitution of the Federative Republic of Brazil. The analysis uses the historical method to examine the roots of the improvement of laws and institutions responsible for the defense of the ecological balance of the Brazilian environment. As to the methodological nature, it is a basic research with exploratory-critical objective. It concludes with the defense of the thesis that a historical approach on the legal-political increment of legal norms, which deal with the conservation and preservation of ecological balance, contributes to the effectiveness of the principle of non-retrogressive normative in Brazil. No less important, it is demonstrated that there are divergent and convergent theoretical-legal elements in legal history. Therefore, there is a vision of the thought of the use of finite and non-renewable natural resources, which with the advent of the 1988 Constitution were definitely overcome by law, with a broad direction in the potentialization of the defense of the environment, for the present and future generations.