Abstract
No contexto da sociedade de risco e de seus deslocalizados incalculáveis e não compensáveis riscos globais, as controvérsias ambientais tornam-se crescentemente complexas. Nesse cenário, o Superior Tribunal de Justiça (STJ) tem se destacado por recorrentemente aplicar estratégias e princípios da hermenêutica jurídica ambiental em seu processo de tomada de decisões, clarificando controvérsias relacionadas à interpretação da legislação ambiental. Nesse sentido, por intermédio da pesquisa bibliográfica e jurisprudencial, este artigo busca enaltecer os destaques recentes da Jurisprudência do STJ, analisando alguns de seus casos emblemáticos e suas contribuições para a evolução do direito ambiental no país.
Highlights
In recent decades, an increasing number of environmental lawsuits have been reaching the Brazilian judicial system, which faces the arduous task of giving prompt and adequate responses to intricate environmental controversies, in a context of global risks and complex anthropogenic environmental problems.Likewise, the failure of traditional rule of law in safeguarding the environment and guaranteeing environmental standards has demanded it to rethink its own fundaments and to adopt legal approaches that are more ecologically centered
There will be no room for human activities if the biophysical limits of our planet are not respected and preserved. This is exemplified in the content of the resilience principle, according to which “[...] the maintenance of a healthy biosphere for nature and humanity should be a primary consideration” (WORLD COMMISSION ON ENVIRONMENTAL LAW, 2016) for judicial decision-making in the Anthropocene
In case of uncertainty, “[...] matters shall be resolved in a way most likely to favor the protection and conservation of the environment, with preference to be given to alternatives that are least harmful to the environment” (WORLD COMMISSION ON ENVIRONMENTAL LAW, 2016)
Summary
An increasing number of environmental lawsuits have been reaching the Brazilian judicial system, which faces the arduous task of giving prompt and adequate responses to intricate environmental controversies, in a context of global risks and complex anthropogenic environmental problems. The challenge now is to (re)position it in the center of legal debates, establishing new strategies to tackle environmental law controversies and to achieve a rule of law for nature Within this scenario, the Brazilian High Court (known as Superior Court of Justice, STJ in Portuguese), by operationalizing the country’s constitutional framework, acknowledging the fundamental right to an ecologically balanced environment and applying environmental hermeneutics’ principles and strategies in its decision-making process; has been significantly contributing to the development of environmental law in the country. The Brazilian High Court (known as Superior Court of Justice, STJ in Portuguese), by operationalizing the country’s constitutional framework, acknowledging the fundamental right to an ecologically balanced environment and applying environmental hermeneutics’ principles and strategies in its decision-making process; has been significantly contributing to the development of environmental law in the country It has been clarifying issues regarding the interpretation of the environmental legislation. José Rubens Morato Leite – Marina Demaria Venâncio recent rulings on environmental matters, highlighting their connection to the environmental rule of law for nature
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