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

Abstract

The 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 the dignity of the human person and its relationship with the principle of sustainability. Starting from article 225 of the Constitution, the study discusses the nature of environmental constitutional norms (full, contained or limited effectiveness), defending the existence of an essential nucleus of immediate effectiveness, even though its full implementation 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 is examined, especially life, health, housing and property, highlighting the idea of ​​an “ecological existential minimum” 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 role of the Socio-Environmental Rule of Law in promoting development that reconciles economic growth, social justice and environmental preservation, with attention to the intergenerational dimension of rights.