The protection of the fundamental right to an ecologically balanced environment in the jurisprudence of the Federal Supreme Court and the Superior Court of Justice of Brazil

Abstract

This article aims to identify and understand how the Federal Supreme Court and the Superior Court of Justice, the highest bodies of the Brazilian Judiciary, position themselves on the state's duty of affirmative action in the realization of the fundamental right to an ecologically balanced environment. As it is qualitative research, of bibliographic and documentary nature, the recognition of the fundamental right to an ecologically balanced environment and the duty of protection, constitutionally imposed on the Union, federated states, municipalities, the Federal District and society, were analyzed from the perspective of the jurisprudence of the Federal Supreme Court and the Superior Court of Justice on environmental licensing. From this jurisprudential analysis, it was found that the constitutional duty of adequate and effective protection of the fundamental right to the environment is currently subject to serious and growing threats of retrogression, mainly due to the increase in environmental degradation and the implementation of legislative and/or administrative actions that tend to suppress or reduce the levels of protection already achieved. The relevant role played by these Superior Courts was evident, which in the preservation of the constitutional order of protection of the environmental subject legislative and administrative action to the effective observance of the principles of prevention and prohibition of retrogression. The conclusions of this work indicate that the protection of the environment in the jurisprudence of the Federal Supreme Court and the Superior Court of Justice, is oriented to guarantee a dignified existence for present and future generations.