Políticas públicas e a efetividade do direito fundamental ao Meio ambiente ecologicamente equilibrado

Abstract

The Welfare State performs looking for the common good throughout positive performances, organized in public policies. The effectivity of the right to an ecologically balanced environment depends on this governmental acting. The implementation of public policies must have preference to those rights included into the heart of human dignity, the environmental minimum existential, which demands immediate effectivity. The other fundamental rights not included on this depend on political choices to be effective. The performance of public policies in environmental subject also depends on the determination of the capable entity to act, whereas all the political entities have the capability to act, as a determination established in the art. 23 from the Federal Constitution issued at 1988. To comprehend the way these administrative capabilities works, searching for standards that make possible to identify which one of the political entities is able to act is from highest importance to the effectivity of the right to an ecologically balanced environment.