Direito antipobreza e políticas públicas socioambientais brasileiras: proposições jurídicas ao bolsa verde sob a Égide da efetivação da cidadania e do desenvolvimento sustentável

Abstract

The objective of this work is to study the social and environmental problems related to social and environmental public policies recognized in this research as socioenvironmental, in view of the emerging need to eradicate the social and ecological poverty disaster and the effectiveness of citizenship and sustainable development, in the scope of the Socio-environmental and Democratic State of Law, are the determining paradox in the juridical and political life of this beginning of the century. Social demands of a new nature emerge as a result of the socio-environmental crisis and the diffusion of situations of uncertainty, demanding from the State, timely and effective interventions in the pursuit of the realization of fundamental rights and the quality of life inherent to the dignity of the human person and to life in its form of existence, human or not human. One of the ways of state intervention in social and environmental orders is the implementation of socio-environmental public policies by observing the positive norms in the Constitutions of the countries regarding the protection of Social Security, which has among its branches endowed with legitimacy and political force transforming reality social welfare, Social Assistance. In times of crisis and, in a specific way in the Brazilian reality, Social Assistance constitutes a fundamental right already existing in the Brazilian legal system that can and should be recognized as belonging to the so-called Anti-poverty Law, because of its emancipatory character of poverty and inequality, emerging as an instrument to combat poverty, to achieve citizenship and to seek to achieve the human right to sustainable development. The human right to development is a field of action for other rights, it ratifies the concreteness of existing human rights and validates the cycle of state public policies, especially welfare and social-environmental programs such as the Bolsa Família and Bolsa Verde Federal Programs, of notorious loss of capacity of the State, in times of social and environmental crisis, to determine and efficiently provide actions that meet the new needs of the current era. Given the recognition of socio-environmental policies as instruments of antipoverty law in Brazil, it is necessary to adapt them to the postulates of the Socio-environmental State, which, through legal proposals to the new forms of implementation of state actions, based on the platform for sustainable development and sustainability in its various perspectives, achieves the concrete pursuit of the effectiveness of the rights and obligations inherent to citizenship, sustainable development and the fight against social and ecological poverty.