GLOBAL CONSTITUTIONALISM IN TIMES OF CLIMATE CHANGE AND THE RECOGNITION OF A FUNDAMENTAL CLIMATE RIGHT IN THE BRAZILIAN CONSTITUTIONAL ORDINANCE
DOI:
https://doi.org/10.17058/rdunisc.vi70.17920Abstract
The concern with the protection of the environment reached constitutional status, creating the so-called environmental constitutionalism. The Brazilian Constitution is one of the examples, considering that it enshrined the fundamental right to an ecologically balanced environment (art. 225), as one of its techniques of environmental protection. With the intensification of the risk society and a tension in the face of a process of metamorphosis of the world, as well as the advancement of science and political recognition, the issue of anthropic climate change is assuming an increasing role, reaching the point of also raise the constitutional status, through the phenomenon called climate constitutionalism.
Thus, this article intends to present how this new kind of constitutionalism can be understood, including in its global dimension, and how this phenomenon influences the Federal Constitution of 1988 through the recognition of a new fundamental right. The work consists of a literature review, in which bibliographic and documental research techniques are adopted. As a result, it is highlighted that the direct reflection of climate constitutionalism in the Brazilian constitutional order is the discussion around the recognition of a fundamental climate right, in which the most cited denominations are "fundamental right to a stable climate" and "fundamental right to climate change". to climate security”. There are three paths that seek this recognition, namely, the construction of legal literature, the constitutional legislative process and judicial interpretation by the Judiciary, through the filing of climate litigation. It is possible to defend the existence of a fundamental climate right, even if implicitly, as defended by the legal literature, however, the express inclusion in the Constitution or the express recognition by the STF are measures that would put an end to any doubt.
