O desenvolvimento sustentável como direito humano fundamental: estudo da Constituição da República de Angola de 2010 à luz da Carta Africana dos Direitos Humanos e dos Povos

Abstract

Development is studied under several perspectives, among them, the one which foundations is the economic development, GDP growth and the industry progress; and the another one that highlights the respect and promotion of fundamental rights and freedom, as well as the respect of the environment and justice. In this study, development as a concept is discussed in its various approaches. Following, there is an analysis of the opposing and favoring views about the existence of the right to sustainable development regarding to its juridical nature, the subjects and legal guarantees. Thus, starting from the premise that, nowadays, development and healthy environment sustainable development are human rights internationally recognized in the International and Regional Treaties on Human Rights, particularly on African Chart on human and people s rights, this study has as its objective the analysis whether the Constitution of the Republic of Angola consecrates or not the right to sustainable development as a fundamental right. Therefore, taking into account the theoretical premise which states development is also an economical, cultural and socio-cultural process in which the fundamental rights and freedom, and the right to environment have to be respected, this research grounded on bibliographical and archival studies concluded that the of Constitution of the Republic of Angola consecrates founding principles, a catalog of fundamental rights, a general scheme of fundamental rights that, through the opening rights clause, allow us to justify the recognition of the right to sustainable development in the Angolan legal system In this view, and taking into account the various moments of transition that have been being observed in Angola, it is defended that the planning of long and medium term is only to be effective if supplemented with a process of education towards a sustainable development that should include culture of peace education, human rights and democratic citizenship education and, finally, environment education.