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.
