Pauta verde e o Estado de coisas inconstitucional ambiental no Brasil : ativismo judicial ou atuação legítima?

Abstract

This dissertation aims to analyze the control of public policies by the Judiciary Power, specifically regarding constitutionality control actions gathered in the so-called “Green Agenda” with the Federal Supreme Court. Here the question arises how one can judge the so-called “unconstitutional state of affairs” recognized in the Claim of Noncompliance with Fundamental Precept nº 760/DF; The controversy lies in the public policies applicable in the environmental area, as well as their guiding principles. In fact, attention will be focused on the actions brought together in the “green agenda” – ADI 6808, ADI 6148, ADPF 651, ADPF 760, ADPF 735, ADO 54 and ADO 59 – which question the constitutionality of the conduct of environmental public policies, based on flexibility the environmental licensing procedure, changes in the framework of environmental councils, determination of actions by the armed forces in operations to guarantee law and order in the Amazon. Is it possible to consider these actions constitutional? From this overview of the actions under examination in kind, the following hypotheses are tested: (I) Whether the recognition of the environmental unconstitutional state of affairs in ADPF 760/DF demonstrates the fulfillment of the requirements set by the Colombian Constitutional Court and summarized in Brazilian doctrine , then it is a legitimate decision; (II) If the judicial decisions in the “Green Agenda” are legitimate, then the actions of the Federal Supreme Court in the actions analyzed cannot be considered activist. To this end, the deductive method is used, with bibliographical, jurisprudential and normative research.