ENVIRONMENTAL DEFENCE: PERSPECTIVES ABOUT ETHICS ASSOCIATED WITH THE CONSTITUTIONAL PRINCIPLE OF INTERGENERATIONAL SOLIDARITY
Ecological Constitutional State. Environmental defence. Principle of intergenerational solidarity. Environmental ethics.
The present study aims to associate the constitutional principle of intergenerational solidarity with environmental ethics within the jurisdictional protection of the environment. It deals with this relationship from a legal perspective of denoting the importance attributed to this principle in the legal system and the way to impact the scenario of protection to diffuse rights. It proposes the study, initially, from the action of the Ecological Constitutional State, specifically, with regard to the risk society and the fundamental right to the ecologically balanced environment. It makes a brief historical review of this society and the State itself, in order to compare it in time, to the present day, to know what can be done about environmental preservation. It exposes the analysis of the jurisdictional protection of the environment, pointing to ethics as the foundation of environmental procedural protection. It investigates how a renewed ethical conscience can lead to new directions in environmental matters, especially in the reformulation of long-established behaviors, from the simplest to the most complex attitudes. It also analyzes the role of participatory democracy in facing environmental challenges by including environmental legal education as a determining factor for the transformation of society and collective mobilization as one of the main tools in this context. Both point to a worthy future to be destined for future generations, giving true meaning to the principle of intergenerational solidarity. As a methodology, it uses bibliographic research. The adopted methods were historical, dialectical and deductive. Given the scenario, which is being concluded, leads to the understanding that the proposed association lines above is possible, which contributes to the advancement of environmental protection, besides being essential to the achievement of rights related to the environment.