THE ACKNOWLEDGMENT OF AN ECOLOGICALLY BALANCED ENVIRONMENT AS A HUMAN RIGHT AND THE IMPACTS ON THE BRAZILIAN LEGAL SYSTEM

Abstract

The second half of the 20th century was marked by the construction of the international systems of human rights and environmental law, which emerged as a response to the greatest challenges currently faced by humanity, namely, the environmental safety in the the Risk Society and human rights guarantee by the Democratic Rule of Law States. In this scenario, a discussion arises about whether an ecologically balanced environment, as an essential element for a healthy quality of human life, should be recognized as a human right. Thus, the general objective of this study is to analyze how the interrelationship between human rights and the right for an ecologically balanced environment has been treated at the international and Brazilian levels, as well as the legal consequences of the eventual formal recognition of the ecologically balanced environment as a human right, especially in Brazil. The methodology used was the deductive method based on theoretical and bibliographical research, which aimed to gather information about this work’s core problem to endorse a general understanding about the issue. The results obtained allowed us to conclude that there is currently a growing trend internationally and in Brazil to treat human rights and the right to an ecologically balanced environment interconnectedly, recognizing the later in the list of human rights. This position implies both a hermeneutic direction in favor of the effective guarantee of environmental safety, as well as the civil liability of the State in implementing the right to an ecologically balanced environment in line with the international jurisprudence and environmental treaties.