Governança ambiental e justiça climática: o Fundo Estadual de Proteção dos Direitos Difusos na promoção de um meio ambiente equilibrado no Maranhão

Abstract

This is a study that involves Law, Economy and the Environment, in order to understand how global institutions operate to produce a certain worldview – the neoliberal vision –, which leads to the idea of sustainable development. The investigation starts from the following problem question: based on the logic of sustainable development and the theoretical assumptions of the dignity of the human person, how do the decisions of the Management Council of the State Fund for the Protection of Diffuse Rights (FEPDD) influence the promotion of an environment healthy and balanced as a fundamental right in Maranhão? As a preliminary response, it was understood that the FEPDD was involved in other issues, especially the fight against slave labor, ignoring the connections with the environment, that is, the fund – and the State of Maranhão, therefore – has ignored the precepts of sustainable development, as well as the parameters of the Sustainable Development Goals (SDGs), of the United Nations (UN), or which constitutes a state disservice in the construction of a healthy and balanced environment, as prescribed by the Federal Constitution 1988. To test the hypothesis, the work was structured into three chapters, starting with a historical contextualization, with sociological, geopolitical and legal contributions, from the idea of economics, to what is conventionally defined as sustainable development, seeking to understand a intersection of themes that place the environment as a sociopolitical and legal force; After understanding the process of greening the economy under the command of the main countries of the North and global institutions, which place sustainability as a charm to move lightly between social, economic, environmental and legal tensions, progress is made in understanding the construction of environment as a value and fundamental right, examining some of the principles of Environmental Law and, in this, how environmental protection is given in the Brazilian Federal Constitution, aiming to configure an ecological dimension of the dignity of the human person that is guided by the prohibition of regression and the duty of progressiveness. In the last chapter, diffuse rights and the idea of global environmental justice are theorized, in addition to presenting particularities of the FEPDD and the importance of good public administration. This investigation is justified by the recognition that environmental issues have attracted increasing attention from society and science, making it necessary to question the design, function and objectives of institutions in the role of protecting and promoting constitutional rights, valuing human rights , especially that which prescribes a healthy and balanced environment for current and future generations. Methodologically, a critical socio-legal perspective was used, based on the hypothetical-deductive method and qualitative approach, with techniques supported by other Social and Human Sciences, exploratory verifications, bibliographic and documentary materials, privileging interdisciplinarity.