Detalhes bibliográficos
| Ano de defesa: |
2012 |
| Autor(a) principal: |
Ogassavara, Renata Cristine
 |
| Orientador(a): |
Sodré, Marcelo Gomes |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/5922
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Resumo: |
At first sight, sustainable consumption, theme that surrounds this dissertation, would not have a place at the financial system because it is frequently associated to the precepts of reduction, reuse and recycling of materials. However, the consumer may conduct himself/herself in a sustainable way by choosing to deposit his/her economies in the so called sustainable financial investments, which are supposed to use the resources credited to foster activities related to clean technology or to promote social projects, for instance. Taking this into consideration and the fact that mass consumption risk society has produced and still produces negative externalities which no one wants to deal with, this work aims to demonstrate that sustainable consumption is a fundamental legal duty derived from the constitutional duty of protecting the environment which must be observed by all people and all sectors. As a new model of pre-comprehension guiding human actions in time and space (LORENZETTI, 2010, p. 19) has merged, the environmental paradigm based on the Principle of Solidarity, its main thesis is that distributive function of Law has to make operational the social division of communal goods and evils. Based upon the inclusive legal theory of epistemology and transdisciplinarity, it is advocated that Law ought to recognize not only rights but also legal duties in order to make possible human coexistence, the construction of a free, fair and solidary society and the rights of future generations. Beyond that, the study vindicates that the sustainable consumption legal duty does not conflict with the national intense socioeconomic differences and with the value of dignity of human beings, whereas the environmental paradigm leads to models of legal implementation directed to compliance and not only to punishment and repair |
