O direito humano ao meio ambiente: do reconhecimento pela ONU aos principais efeitos hodiernos no ordenamento jurídico brasileiro como direito fundamental da pessoa humana

Abstract

The research addresses the evolution of the human right to the environment and the impact of its recognition by the UN through General Assembly Resolution 76/300 on a global scale, and particularly in the Brazilian legal context as a fundamental right. The relevance of the topic lies in the increasing importance of environmental protection and the scarcity of in-depth studies on the subject. The methodology adopted was exploratory, allowing for a comparative analysis between the Resolution and the Universal Declaration of Human Rights to understand the legal nature of the Resolution and its integration into the Brazilian legal system. Chapter 1 presents the paths taken from international recognition to consolidation in the Brazilian legal system, highlighting challenges and achievements. Chapter 2 addresses the legal nature of UN General Assembly Resolution 76/300 as soft law and its application in the national context. In Chapter 3, the main contemporary effects of the recognition of the human right to the environment on the Brazilian legal system are discussed, considering legal, social, and environmental aspects. The conclusion highlights the importance of the topic based on the research results and invites reflection on environmental protection and the promotion of fundamental human rights, whether obligatory or not.