TO THE RULE OF ENVIRONMENTAL LAW: WAYS TO OVERCOME THE EFFECTIVENESS CRISIS IN THE BRAZILIAN CONSTITUTIONAL ENVIRONMENTAL LAW

In the 1988 Charter, environmental pro-tection expresses constituent commands that are not optional and compel all gover-nmentstructures, as well as society, to assu-me postures in accordance with the dictates of environmental protection, belonging to the core of constitutional identity. The competition of political, social and econo-mic interests, also safeguarded by the cons-titutional text, with the protection of natu-ral resources aimed at a dignified existence and the development of present and future generations, contextualizes deficiencies and omissions in the provision of environmen-tal policies that require a reaction from the constituted powers so that the unconstitu-tional fault is not perpetuated. Jurisdiction represents one of the ways to implement the Environmental Constitution, formally and substantially legitimized by the prin-ciples of judicial review, as illustrated by recent Brazilian courts' approaches to the silence or default by the Brazilian legislator or Executive Power. The change in traditio-nal paradigms, however, affects legal rela-tionships and is not immune to criticism, which requires reflection and analysis by the legal community. The study uses the de-ductive method, proposing to examine the problem in the light of the neoconstitutio-nal guidelines of environmental protection, and carries out exploratory, bibliographical and documental research to appreciate re-cent jurisdictional constructions based on the effectiveness of environmental protec-tion in Brazil.