A inconstitucionalidade dos artigos 8º e 9º do Projeto de Lei nº 3.729 de 2004: Com base no princípio da proibição do retrocesso

Abstract

This study aims to verify the unconstitutionality of articles 8 and 9 of the bill nº. 3729 of 2004, based on the principle of prohibition of environmental retrogression, which has the power to shape all state actions aimed at preserving the environment environment. In the meantime, the aforementioned bill, which is still pending in the Federal Senate after having been approved by the Chamber of Deputies, leads to a setback to the issue of environmental preservation, as it encompasses normative rules that disregard the fundamental right to an ecologically balanced environment. Thus, with the purpose of highlighting the setback of this legislative measure, the work highlighted that fundamental guarantees, already consolidated and widely guaranteed by the Federal Constitution of 1988, cannot be restricted a posteriori, that is, they should not be targets of normative acts that may come to curtail its full exercise. In addition, the mentioned bill that creates the General Environmental Licensing Law, by allowing the degradation and destruction of nature, represents a setback in the search for the realization of environmental preservation, retroacting to the constitutional norms in force in Brazil and also , seriously and directly injuring the constitutional text. With that, the present research had the purpose of verifying in detail the articles 8th and 9th of the bill of law nº. 3729 of 2004, since such legal provisions, according to what defends a good part of the doctrine, are unconstitutional, going against the command constitutional, representing a setback to the fulfillment of the fundamental right to a healthy environment. Thus, in concluding notes, after an exhaustive analysis of the main bibliographic sources on the subject, the research will present the most outstanding arguments on this issue, emphasizing the importance of the fundamental right to an ecologically balanced environment for present and future generations, through brief explanations about the principle of prohibition of environmental retrogression, in order to clarify the crucial points of the bill of law nº 3.279 of 2004 that violate the Brazilian constitutional text of 1988.