Direito ao desenvolvimento sustentável sob a perspectiva dos direitos humanos

Abstract

The purpose of this paper is to increase the knowledge on sustainable development as a fundamental human right. In this sense, it seeks to establish the historical bases for its constitution as a human right, the constitutional bases for its constitution as a fundamental right, and the dogmatic bases to give it juridical operability and thus enable eliciting the necessary and sufficient fundamental juridical positions for the attainment of the program of sustainability. Based on a review of the historic affirmation process of human rights grounded on their indivisibility and interdependence, we propose to enlarge the contemporary human rights concept, which, guided by the human dignity paradigm, combines civil, political, economic, social and cultural rights, by incorporating the right to development, environmental rights and the right to cultural diversity, which would result in the so-called Right to Sustainable Development. In this context, we considered the right to sustainable development both as a complete fundamental right and as a procedural right, demonstrating how they operate the relations of indivisibility and interdependence between the norms of the various rights it comprises. Based on an evaluation of the conflicts between norms of fundamental rights, we worked with the concepts of essential content, balancing, the proportionality rule and restriction of fundamental rights in the context of the deployment of economic activities that cause significant environmental degradation, thus establishing a theoretical basis as to allow rational evaluations and the definition of a minimum minimorum with respect to mitigations, amends and compensations. Given the tensions between economic growth and fundamental rights, development and democracy, we evaluated the roles of the public administration and the judiciary in the implementation of the right to sustainable development