Entre dignidade e sustentabilidade : rumo a um constitucionalismo global ambiental

Abstract

In a reality in which a cosmopolitanism (cosmopolitanization) composed of elements such as submission to existential risks and the habit of consuming inconsequently imposes itself, juridical structures must transform themselves to make minimally bearable the existing asymmetries in society, rationally equating the conflicts arising from the sharing of behaviors and addictions by the individuals of the globe. The national Constitutions, which have already changed during the 20th century to guarantee the dignity of the human person (contemplating fundamental rights and the essential guarantees for the introduction of humanism into legal discourse), has the challenge of embracing sustainability, ecological and harmonizing the human being's aspirations of the present with the interests of the human being of the future and other forms of life, noting that cosmopolitan society is gradually depleting biological resources and causing the planet to lose control over the systems essential to the maintenance of life. The present dissertation seeks to answer the following questions: Would it be possible to increase the levels of legal protection of nature by means of a theoretical model of global constitutionalism, understood here as a form of constitutional law of global common values? How would constitutionalism be delineated with the internalization of sustainability alongside the dignity of the human person as a fundamental value of the rule of law? Is global environmental constitutionalism a natural and inexorable unfolding of political and juridical institutions in the face of the expansion of the constituent moral community of the rule of law, favoring the coexistence between forms of life and nonintervention on essential ecological processes? In order to do so, it is based on the hypothesis that sustainability is a discourse complementary to the dignity of the human person, lending itself to the evolution of social structures and the intersubjective establishment of solutions to the dilemmas that threaten the future of humanity. In order to meet the established objective, the method of deductive research is used, taking into account punctually tested findings of abstract theoretical statements, made mainly in sociology and law theory, which unfolds in the management of bibliographical and documentary research technique, with the extraction of conclusions from texts chosen for reading, as well as with the case-by-case research in cases that are essential to the understanding of the research object. The work develops in the sense of affirming that sustainability enters in the constitutionalism in the way of the dignity of the human person, starting from the infusions of moral theories and justice, playing the role of one of its contemporary foundations. Sustainability would work, in this theoretical model of constitutionalism founded on the rule of law for the nature, as axis that allows the extension of the moral (and legal) content of the dignity to the nonhuman condition. Although a global environmental constitutionalism and an environmental (ecological) convergence in the Constitutions, materialized through a bundle of legal principles of environmental protection shared by the national legal systems, it is verified that the content of this global environmental constitutionalism has not yet been defined with rigor methodology by the science of law.