THE RIGHT TO ENVIRONMENT: SOLIDARITY AS AN INTERGENERATIONAL BOND AND THE JURISPRUDENCE OF THE BRAZILIAN SUPREME COURT

Abstract

The environmental crisis stems from a human development process. The risk that is assumed is the commitment of the future generations. However, the guarantee of the quality of the future generations is shown as a time-present problem. Another aspect of this coexistence between present and future is the formation of the subject of the right to the environment and its analysis by the jurisprudence of the Brazilian Supreme Court. Since solidarity acts in law as an intergenerational bond is important to note how this jurisprudence has interpreted this “new subject” and how the future dimension of the right to the environment has been interpreted. The objective of this paper is to emphasize the need to “resituate” the relationship between man and the natural order in the face of environmental crisis and how necessary it is to take responsibility for the future time, even with regard to unborn subjects. It is hoped that it will contribute to the analysis of the jurisprudence on the need to take on responsibility for the transgenerational subject and its right to the environment, being that the future tense becomes the present of this new epoch.