Liberdade sustentável : uma proposta teórica de justa medida à degradação ambiental

Abstract

The study purpose is to question the different meanings of freedom. And, since, to develop a new concept of freedom, suitable for environmental protection and human needs satisfaction. It is not possible to reach fruition without answering questions like What is man? What is the anthropic principle relevance in civilization scale? And is development possible without at least some environmental degradation? Starting from the ideia of goodness’ individuality, that is, goodness is what is good for each individual, since his individualistic and subjective perspective, it seems that freedom in the individualistic sense no longer supplies survival and development needs of postmodern society. Thus, in legislative terms, we propose a general freedom of action defense, since the general right to constitutionally safeguarded freedom, but facing its restrictive nature, even implicitly, compared to other general right to the same category as, e.g., the general right of life. One step forward, considering that normativities no longer are located only on nation states but also in binding international instruments, we investigate dialogue des sources hermeneutic method in attempt to find a satisfactory theoretical answer to the potential collision between the general right to freedom and international general right to environmental protection. Philosophically, we develop the idea of axiological dialogue between two evaluative elements. On one side, sustainability and on the other, development. Building the concept of sustainable freedom as fair measure for a development that degrades the environment, only and solely, to ensure self-preservation of human being. Since the Kantian conception of misconception law, in particular, based on necessitatis ius, we create a theoretical definition of what should be considered sustainable freedom in the conflict between human needs satisfaction and environmental protection need as corollary to quality of life preservation.