FUNDAMENTAL RIGHT TO THE ECOLOGICALLY BALANCED ENVIRONMENT:

AN ANALYSIS OF THE THREEFOLD ENVIRONMENTAL RESPONSIBILITY BASED ON THE EPISTEMOLOGICAL DIALOGUE BETWEEN LINGUISTIC TURN AND SYSTEMS THEORY

Abstract

In the doctrine there is discussion about the application of prescriptive statements from other branches of law to rule the triple environmental responsibility in Brazilian territory. Such a discussion reveals the existence of a research problem, namely: since Environmental Law is its own system, contained within the scope of the legal system, shouldn't the rule of triple environmental responsibility come from it? In order to answer such a problem, we sought, in this research, to analyze whether Environmental Law constitutes its own system within the legal system and from there to analyze each assumption, as well as the issues of solidarity and [im]prescriptibility of environmental responsibility, from the perspective of the possible system of Environmental Law. The method of approach used was the dialectic, based on the epistemological dialogue between the Linguistic Turn, representing in the Constructivism Logical-Semantic by Paulo de Barros Carvalho, and Systems Theory by Niklas Luhmann. For the research, the bibliographic procedure method was used, through which searches were carried out on books, scientific articles, legislation and jurisprudence of the higher courts. It was concluded that, in privilege to the fundamental right to the ecologically balanced environment and to the principle of specificity, the analysis about the assumptions of the triple environmental responsibility must be carried out within the scope of the Environmental Law system.