O custo do direito em contraste com o mínimo existencial ecológico : uma análise à luz da teoria do estado de coisas inconstitucional

Abstract

The ecological approach of Constitutional Law is very important, considering the importance that the quality, the balance and the environmental security have for the enjoyment, protection and the promotion of the fundamental rights (liberal, social and ecological), being that the dignity of the human person, is intrinsically linked to environmental quality, and there is no decent standard of living without the effectiveness and protection of an existential ecological minimum. The notion of an existential ecological minimum requires the State to ensure, on its own initiative, that this quality is not degraded due to deficiencies in its normative protection, lack of protection or lack of protection. However, for this ecological existential minimum to be guaranteed and protected, it is necessary to realize what rights cost money. Also, it must be emphasized that state investment, intended to protect a given right, is directly proportional to its effectiveness. In the meantime, is the Brazilian state investing enough to guarantee a minimum structural organization capable of giving effective protection to the environmentally balanced environment? From this premise, using the inductive method and the bibliographical and documentary research, this sufficiency / insufficiency of protection to the existential ecological minimum gains a new prism when analyzed through the theory of "unconstitutional state of affairs".