A concretização da constituição ecológica: a norma ambiental e as ciências naturais

• Autor(a) principal: Rodrigues, Lucas de Faria
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/6722
• topic: Constituição ecológica; Teoria Estruturante; Concretização; Interdisciplinaridade; Norma ambiental; Ecologia; Ecological constitution; Structuring theory; Concretization; Interdisciplinarity; Environmental norm; Ecology; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This work aims to seek the meaning of Ecological Constitution, defined as the set of constitutional rules directed to protection of the environment, from an effective dialogue with the natural sciences. The fundamental premise, from which developed the thesis, is that understanding the characteristics of the good tutored is essential to the full exercise of guardianship. From there we sought to dogmatic bases in Law to allow an effective interdisciplinary dialogue. In Law, the foundation was the Structuring Theory of Friedrich Müller and his idea of the rules concretization. From this theory was possible to extract the structure of the legal norm, which is not given prior to the interpreter, is built in the case, from its normative program and its normative ambit. The text is only part of the process, does not contain in itself the normativity. There is no legal norm (and also environmental norm) previously defined. The choice of Ecology was not arbitrary in this context of dialogue, but enforcement of the normative ambit of environmental norm. From this discipline was possible to extract elements as the network pattern (or the interconnection) and cooperation. Only from the instant you properly understand the nature relationships, will be possible to realize the expected protection. These findings lead to the orderly operation of government, focused on joint efforts to safeguard the common good. These characteristics should reflect the pattern of action of the constituted authorities, in the moment of the environmental norm concretization, from maxims as coordination, cohesion and cooperation. It has been shown that the intensity and mode of influence of these elements will vary as the normative program requires the search for extra-legal elements to delimit the respective normative ambit. Escape of these elements leads to a risk of Constitutional symbolization. There is a practical reflection in the process of concretization, with impacts on the activity of all state powers involved (Legislative, Executive and Judiciary). Thus, there are impacts on the solution of concrete cases placed to the examination of the judiciary, but also in shaping and implementing public policies. It´s necessary to speak in a guideline for dealing with the environmental issues