Environmental protection and the federal pact: the effectiveness of the right to a balanced environment and the competences division in environmental issues

Abstract

This article proposes a critical analysis of the impacts identified between the exercise of legislative powers by the federal entities in environmental matters and the social effectiveness of socio-environmental rights. To this end, the content and characteristics of the right to an ecologically balanced environment in the 1988 Federal Constitution are analyzed. Subsequently, a look is taken at the constitutional system for the distribution of powers between federal entities, with a focus on legislative powers relating to the environment. The methodology employed is based on a critical analysis of the Federal Constitution, doctrine and case law, especially from the Federal Supreme Court, on the subject. At this point, it is worth highlighting the originality of the text in analyzing the Court’s jurisprudential evolution in relation to the autonomy of federal entities in environmental protection. Finally, it critically addresses the possible impacts that the development of relations between federal entities in the exercise of legislative powers in environmental matters and the potential conflicts arising from this exercise may have on the effectiveness of the fundamental right to a healthy and ecologically balanced environment. In this way, it was possible to verify the emphasis of Brazilian constitutional legislation on concurrent competence in environmental matters, which must be interpreted from a collaborative perspective between the federated entities in order to enhance environmental protection.