THE AUTONOMY OF ENVIRONMENTAL LAW WITHIN THE BRAZILIAN LEGAL SYSTEM: NORMATIVE AND INSTITUTIONAL FOUNDATIONS

Abstract

This article deals with Environmental Law; its historical evolution will be analyzed, how the environment was treated in Antiquity and whether there were rules for the exploitation of natural resources in ancient civilizations. It is also debated how it is currently, what are the normative and institutional foundations, its autonomy as a branch of law and whether it is related to other areas of law. The general objective is to reflect on environmental legislation and its effectiveness in protecting the environment, seeking a balance between the extraction of natural resources, which humanity needs for survival, and its conservation, emphasizing that, although the concern with the environment has existed since antiquity, it was after the Industrial Revolution, when there was an increase in the exploitation of these resources, that more specific rules for their protection began to emerge. In the Brazilian context, the Federal Constitution of 1988, in its article 225, raised the environment to the level of a fundamental right; since then, the development and expansion of Brazilian environmental legislation have been sought. Analyzing international environmental law, a greater involvement of countries with important conferences and treaties aimed at environmental protection stands out, making it evident that there is a global concern. Finally, the challenges that this important branch of law currently faces. It is concluded that environmental law has scientific and normative autonomy, being essential for the promotion of sustainability, environmental justice and the protection of present and future generations.