ESTADO DE COISAS INCONSTITUCIONAL AMBIENTAL: NO CENÁRIO BRASILEIRO

Abstract

When analyzing Brazilian constitutionalism and the right to an ecologically balanced environment as a fundamental and erga omnes right, there is a question about whether in fact it is being fulfilled, since it reflects not only on the current generation, but also on future ones. Thus, the Direct Action of Unconstitutionality by Omission No. 60 seeks to prove the violation, with the recognition of the Environmental Unconstitutional State of Things nationwide. The characteristics and requirements of the Unconstitutional State of Things are qualified for this purpose. It is already recognized in Brazil under another theme in the Allegation of Non-compliance with Fundamental Precept 347/2015. The main points of the ADO are listed and the interpreter presents possible solutions to improve and/or remedy this state of unconstitutionality.