UNCONSTITUTIONAL STATE OF AFFAIRS IN ENVIRONMENTAL MATTER: The judgment of the “green agenda” in the Federal Supreme Court

Authors

• Marcia Fernanda Alves

Abstract

The present study analyzed the role of the Federal Supreme Court in the protection of the right to a balanced environment in the context of the omission of the Executive Branch in the implementation of environmental policies, and sought to answer the following problem: What are the arguments used by the Federal Supreme Court in the processes that make up the "green agenda" to verify the (in)existence of an Unconstitutional State of Things in environmental matters in Brazil? In order to answer the proposed problem, at first an introduction to the concepts of the Unconstitutional State of Things and the possible application to environmental issues in Brazil was built and, later, it was started to analyze the processes that make up the so-called "green agenda" in the Federal Supreme Court, which demand the elaboration of a government plan for the preservation of the Amazon and Pantanal biomes and measures to combat fires in these regions. In the structuring and organization of the text, the hypothetical-deductive method was used and it was concluded that the Federal Supreme Court recognized the efforts of the current government to resume the exercise of its constitutional duty to protect the Amazon biome, observing, therefore, the "rules of the game" of the Rule of Law and maintenance of the competence of the Powers.