O DIREITO AMBIENTAL COMO UM DIREITO HUMANO FUNDAMENTAL DE 3ª DIMENSÃO

Abstract

The objective of this paper is to exhibit the fundamental right to a balanced environment, as written in the brazilian Constitution, and to show that even being topographically located outside the list of Fundamental Rights and Guarantees listed in the article 5 of the Federal Constitution, the environment is a Fundamental Right consecrated by our supreme law. The present paper will approach the significance of preservation and guardianship of the environment, using the popular participation tools and adoption of public politics, in a way that guarantee to present and future generations a balanced environment. This paper will use the historic method, in a view to analyze the historical context of the fundamental rights. For the data collection, it was used the documental inquiry techniques of the doctrine, law of cort rulings. The data was analysed in a qualitative perspective.