Estado sustentável de direito: uma análise da sustentabilidade como princípio fundamental densificado e seus efeitos no atual ordenamento jurídico brasileiro

Abstract

This monographic paper intends to investigate the role of Sustainability within the Brazilian legal system, starting from the hypothesis that it is a fundamental constitutional principle applicable directly and immediately. Sustainability is approached systemically, using an interpretation that encompasses its constituent elements (interdependent dimensions) and respects the constitutional commandments. The methodology used was an inductive analysis from a deductive research exercise, exploring, in a critical-methodological way, the legal and historical perspective on the subject, from a documentary investigation, based mainly on the study of doctrine and legislation. The theme was approached in a hermeneutic-argumentative manner. The work was divided into three chapters. The first chapter approaches Sustainability within multiple panoramic views, from a historical investigation, an international analysis and an content examination of the concept, with the recognition of its multidimensional nature, composed of socio-economic-environmental elements. The second chapter aimed to inquire about the constitutional organization in vogue, in which its directive nature was questioned, in order to try to understand Sustainability as a principle within the constitutional text and, therefore, the best way in which to frame it, to better understand it’s function and effects through the legal system. There is also a weighting of the main criticisms about the exacerbated use of principles within the Brazilian legal system and how this system sought to respond the concerns raised, seeking to provide greater security to the effectiveness of Sustainability as a principle. These effects of the Sustainability Principle will be discussed in the third chapter, which concludes the proposition by identifying that Sustainability is capable not only of binding the legislator but also of supervising the public administration. At the end of this work, the conclusion shows that the general hypothesis has been confirmed, affirming Sustainability as a estrutural densified fundamental principle and, therefore, directly and immediately applicable, that aims to promote a Sustainable State of Law.