TO THE OF ENVIRONMENTAL STATE OF LAW: PATHS TO OVERCOME THE EFFECTIVENESS CRISIS IN BRAZILIAN CONSTITUTIONAL ENVIRONMENTAL LAW

In the Brazilian 1988 & PRIME;s Constitution, the environmental protection reveals commands that must be assured by all the State & PRIME;s powers as well by the society, through behaviors and policies that attend the environmental protection as constitutional identity item. The rivalry among social, political, and economic interests, also protected by the Higher Law of the State, and the protection of natural resources connected to the human dignity and sustainable development to the present and future generations contextualizes environmental policies' commissions and deficiencies - nevertheless responses from the State powers are required to end the unconstitutional fault. Jurisdiction represents a path to the Environmental Constitution & PRIME;s effectiveness, formally and substantially legitimated by the judicial review principles, as shown in recent Brazilian Courts approaches to the Legislative or Executive & PRIME;s silence and defaults. Traditional standards overrule, however, may affect legal relationships and are not immune to criticism. It requires a careful review from the law academic and professional community. This paper uses the deductive method, and aims to study the problematic through the neoconstitucional guidelines applied to the environmental protection. The exploratory research uses exploratory doctrine and documentary research to verify new jurisdictional constructions based on the environmental protection effectiveness in Brazil.