ESTADO AMBIENTAL: ESTADO DE DIREITO DEMOCRÁTICO DE TERCEIRA GERAÇÃO COMPLEXIDADE PÓS-MODERNA DOS DIREITOS DIFUSOS ENVIRONMENTAL STATE: THIRD GENERATION DEMOCRATIC RULE OF LAW: POSTMODERN COMPLEXITY OF DIFFUSE RIGHTS

Abstract

ABSTRACT

The scope of this article is located in the Environmental State, which exceeds – by force of reality and by definition – the limits of the trinity of the Modern Renaissance State: people / territory / sovereignty. However, as we see in the 21st century, the legal limitations of the Rule of Law are also expanding, in accordance with the construction of the 19th and 20th centuries, based on the imposition of the “rule of bilaterality of legal norms”. With greater scope in terms of self-regulation, especially in the form of deep, participatory, collective, inclusive, social and popular sovereignty, it brings all sorts of challenges for Political Power to be effective in the form of the State of Environmental Law. To prepare this article, hypothetical-deductive methodology and bibliographical research were used, organizing the work into six main axes: primitive communitarianism; the transition of capital to the Environmental State; the outline of the Environmental State, the principles and duties of the Environmental State; the post-positivist Legal Rhizome; and the state of the art does not encourage the problem. The conclusion reached is that it is urgent to rethink environmental protection with a view to its internal and external aspects, as it is a global problem, disregarding anthropocentrism for the inclusion of the person as part of nature.