Justiça intergeracional: passos para garantir o direito ao meio ambiente equilibrado no Brasil

Abstract

This present study has as its main objective analyze practical mechanisms able to secure the application of the article 225, from the Constitution of the Federative Republic of Brazil. Said article contains the guidelines to protect the transindividual right to an ecologically equilibrate environment. Firstly, to delimitate the mechanisms that are going to be studied, it will be analyzed the juridical and moral fundamentations of the intergenerational justice, as well as the intrinsic connection between future generations rights and the environment, with the help of the theoretic constructions of Hans Jonas and Sheila Jasanoff. The next step will be to focus on the recent ambiental crisis (especially the climate crisis), with commentaries about environmental rights in the Brazilian legal system, so then, finally, it will be possible to introduce the three mechanisms under analysis in this work: environmental governance, structural injunctions and nomophilachy functions in the superior courts. At last, it will be possible to make comments about the analyzed mechanisms and how they can improve the environmental protection in Brazil, under a perspective of social and legal activism.