THE FUNDAMENTAL RIGHT TO THE ENVIRONMENT IN THE 1988 CONSTITUTION: EFFECTIVENESS, SUSTAINABILITY, AND HUMAN DIGNITY

Abstract

This article analyzes the right to an ecologically balanced environment as a fundamental right in the 1988 Federal Constitution, focusing on its legal effectiveness, its connection to human dignity, and its relationship with the principle of sustainability. Starting from Article 225 of the Constitution, the study discusses the nature of constitutional environmental norms (full, contained, or limited effectiveness), defending the existence of an essential core of immediate effectiveness, even though its full realization depends on public policies and the joint action of the State and the community. The interdependence between the right to the environment and other fundamental rights, especially life, health, housing, and property, is examined, highlighting the idea of ​​an "ecological minimum subsistence level" as a condition for a dignified life. The work also highlights the structuring role of the principle of sustainability in guiding the economic and social order, as well as the function of the Socio-environmental State of Law in promoting development that reconciles economic growth, social justice, and environmental preservation, paying attention to the intergenerational dimension of rights.