O dever do consumidor de proteger o meio ambiente na sociedade de hiperconsumo

Abstract

While duties also form part of the legal order, legal discourse has predominantly focused on rights — particularly within the field of consumer law. Much of this is due to the historical and political context in which consumer protection emerged and was consolidated. However, the environmental crisis arising from the unprecedented levels of consumption and the risks inherent to technological advancement calls for environmental protection for present and future generations, a duty expressly imposed upon society by the 1988 Federal Constitution. This thesis aims at investigating whether, under the Brazilian legal framework, the consumer may be considered a subject of legal duties, and whether the duty to protect the environment may be imposed upon them. This research begins by analyzing the postmodern context through the perspectives of consumption, risk, and the planetary environmental crisis, and their respective implications for law. It then examines the legislative choice to explicitly codify only consumer rights. Following this contextual analysis, the study provides a brief overview of the theory of fundamental duties, in order to identify and discuss the legal foundations that could support the recognition of a consumer duty to protect the environment. Among these are the polluter-pays principle, the principle of common but differentiated responsibilities, and the duties of good faith and solidarity