ENVIRONMENTAL EQUITY ASSESSMENT: A SOCIO-ENVIRONMENTAL FUNDAMENTAL DUTY

Authors

  • Rogério Santos Rammê Pontifical Catholic University of Rio Grande do Sul

DOI:

https://doi.org/10.5380/rfdufpr.v59i2.35679

Keywords:

Environmental impact assessment. Environmental justice. Fundamental duties. Socio-environmental State.

Abstract

This article aims, at first, to demonstrate the disconnection existing between the current Brazilian socio-environmental constitutional project and the practical reality that, for many factors and influences, has imposed a logic of flexibility and deconstruction of the legal protection of the environment in Brazil. Secondly, the objective is to analyze, from concrete cases, one of the main factors that contributes to Brazil's socio-environmental crisis: the inadequate model for the evaluation of projects with significant environmental impact, which is unable to properly assess the distribution of potential environmental impacts and risks in the social context of those affected. From this study, it is concluded that there is a need for recognize one fundamental duty in the environmental fairness assessment, with its own typical characteristics, and that would be the requirement for environmental impact studies incorporating methodological criteria, able to assess the social distribution of significant environmental impacts of evaluated projects. It was adopted a dialectical method of approach, from doctrinal contributions.

Author Biography

Rogério Santos Rammê, Pontifical Catholic University of Rio Grande do Sul

Doutorando em Direito pela Pontifícia Universidade Católica do Rio Grande do Sul - PUCRS. Mestre em Direito pela Universidade de Caxias do Sul - UCS.  Membro da Rede Brasileira de Justiça Ambiental - RBJA. Bolsista CAPES.

Downloads

Published

2014-08-31

How to Cite

Rammê, R. S. (2014). ENVIRONMENTAL EQUITY ASSESSMENT: A SOCIO-ENVIRONMENTAL FUNDAMENTAL DUTY. Revista Da Faculdade De Direito UFPR, 59(2), 119–141. https://doi.org/10.5380/rfdufpr.v59i2.35679

Issue

Vol. 59 No. 2 (2014)

Section

Artigos

License

Authors who publish with the Journal agree to the following terms:

– Authors retain copyright and grant the Journal right of first publication with the work licensed under the Creative Commons — Atribuição 3.0 Brasil — CC BY 3.0 BR Licence, which allows others to share the work with an acknowledgement of the work’s authorship and initial publication in the Journal;

– Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the Journal’s published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in the Journal;

– Any person is free to share (copy and redistribute the material in any medium or format) and to adapt (remix, transform, and build upon the material) for any purpose, even commercially, but must give, in any case, appropriate credit, and provide a link to the license and indicate if changes were made, under the terms of the Creative Commons — Atribuição 3.0 Brasil — CC BY 3.0 BR Licence and in compliance with Brazilian Law No. 9,610, of February 19, 1998, and other regulations in force.