A EQUIPARAÇÃO DO STATUS JURÍDICO DOS TRATADOS DE DIREITOS AMBIENTAIS AOS TRATADOS DE DIREITOS HUMANOS SOB A ÓTICA DA ECOLOGIZAÇÃO DO DIREITO: CONTRIBUIÇÕES PARA O ORDENAMENTO JURÍDICO BRASILEIRO NO ENFRENTAMENTO DA CRISE ECOLÓGICA

Abstract

This monographic study presents a brief overview of the influence of anthropocentric rationality on Law and how it reduced Nature to the pretensions of human beings. It demonstrates how utilitarian thought has legally legitimized an economic model of unsustainable development, which has influenced the way of life of modern societies and has become a vector of the ecological crisis, by overcoming planetary limits. The impossibility of controlling the constant risks assumed by society gave rise to the perception that the contemporary legal system was insufficient to deal with the new environmental challenges, making it necessary to break with the traditional models of State and Law in force, with an ecocentric ethics , towards an Ecological Rule of Law. Thus, the existing interdependence between human and environmental rights is discussed, as well as how the anthropocentric paradigm was internalized by human rights, making it necessary to rethink them from the perspective of ecologization. Since the process of environmental devastation simultaneously contradicts the realization of human and environmental rights, this problem only finds a solution in the approximation between these two dimensions of rights. Thus, it addresses the jurisprudential discussions about the connection between human and environmental rights, which have been gradually recognized in several national and international jurisdictions, as well as the need to create legal instruments that jointly protect these rights. Based on this, the phenomenon of the greening of human rights in Brazil is analyzed, which has gained strength in recent years in the jurisprudence of the Federal Supreme Court, with emphasis on the judgment of the Direct Action of Unconstitutionality nº 4.066/DF and the Arguição of Breach of Fundamental Precept nº 708/DF, which established the jurisprudential understanding that international treaties on environmental matters have the same status and special normative hierarchy of human rights treaties in general, that is, a supralegal hierarchy. The objective is, therefore, to deal with the existing interconnections between human rights and environmental rights that promote the thesis of equating the status of international treaties on environmental rights with those of human rights ratified by Brazil, from the perspective of the greening of Law. The methodology used is qualitative analysis with descriptive purpose, in an interdisciplinary way. As methodological procedures, bibliographical and documental techniques are adopted. Finally, it was concluded that the legal mechanism of greening, by placing treaties on environmental matters above all Brazilian infraconstitutional legislation, makes these normative devices serve as a parameter for judicial control of the conventionality of environmental matters in public acts and instruments regulations that are in disagreement with the international environmental commitments assumed by the Brazilian State, with the potential to prevent setbacks and increase the effectiveness of public policies to protect the environment in the country.