Os direitos à saúde e ao ambiente no contexto do estado socioambiental brasileiro

• Ano de defesa: 2011
• Autor(a) principal: D’Avila, Caroline Dimuro Bender
• Orientador(a): Molinaro, Carlos Alberto
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: DIREITO; DIREITOS FUNDAMENTAIS; DIREITOS SOCIAIS; PODER JUDICIÁRIO; MEIO AMBIENTE; DIREITO À SAÚDE
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/4171

One of the great challenges of contemporary society is to realize social rights. The rights to health and the environment, in this context, have special emphasis on consolidating a new form of political-ideological State, characterized by constitutionalism socioenvironmental. There is not only a close relationship between environment and health, but sometimes an effective coincidence. Only in a healthy environment, there are conditions for a dignified and healthy living. Currently, although it has not always been this way history has shown a slow and troubled evolution until achieving the present international level in terms of human rights and the environment , the topics of health and environment are considered fundamental and receive special attention both in international forums such as within the States. Brazil, since the colony time until its democratization, in 1988, evolved a lot in terms of public health care and environment protection. These are areas that, together with the current development model, are interconnected and linked. Health and environment problems can no longer be thought of in isolation. From this understanding and the constitutional establishment of the rights to health and the environment as fundamental rights, Brazilian courts are playing an active role in their simultaneous realization, including through Public Hearings, intending to expand and democratize the debate over the effectiveness, the scope and meaning of these rights. In cases such as the prohibition of asbestos use in the industry, the Supreme Court has already expressed itself in favor of health, life and environmental over formal questions about legislative competence. With regard to judicial control of public policies on sanitation, there is also an active attitude of the Judiciary for, without interfering in administrative activities, to enforce the constitutional provisions relating to health and the environment. In the case of the ban on imports of used tires, the Supreme Court has adapted the capitalist logic to environmental protection and social justice. Although the visible difficulties that remain in Brazil in terms of access to basic rights, the judiciary, acting this way, is fulfilling its role in protecting and promoting socioenvironmental rights and obligations.