O princípio da proibição do retrocesso no direito ambiental

• Main Author: Silva, Giselle Gabrielle Andrade Moreira da
• Publication Date: 2015
• Format: Bachelor thesis
• Language: por
• Source: Repositório Institucional da PUC_SP
• Download full: https://repositorio.pucsp.br/jspui/handle/handle/34306
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

This thesis aims to approach the application of the non-retrogression principle on environmental rights. The purpose of this study is to demonstrate that the referred principle prevents lawmakers from suppressing or reducing the existing protective environmental rights. The analysis relies on the bibliographical method and on deductive techniques. For this purpose, it took advantage of judicial decisions, legal doctrines and prevailing law in Brazil. Concerning international law, the analysis comprises concepts deriving from international treaties that Brazil ratified, as a means to sustain the referred principle in the international order. The basis of the applicability of the non-retrogression principle to environmental norms is the legal fundamental rights framework, from which the environmental law is part. This principle initially concerned social rights, which also constitute fundamental rights. Departing from the premise above, the study firstly approaches environment-related principles; it subsequently analyses the applicability of the non-retrogression principle, initially regarding social rights and then comprising environmental norms, with its respective consequences and limits in a way that safeguards human dignity. The practical analysis of the principle is briefly approached in the topic about the existence of retrogression in the new Forest Code. The objective is to demonstrate that human dignity, as well as minimum patterns for environmental existence, are bases for the prohibition of environmental regression. These rights limit the actions of lawmakers and assure respect for the existing law, in a way that an incompatible ulterior norm may be deemed unconstitutional .