Estrutura jurídica das políticas públicas ambientais e o princípio da precaução

Abstract

Constant in all areas of knowledge, public policies find space in discussions where the state is involved as a promoter of economic and social development, beyond being a mere guarantor of individual liberties. In the legal field, the debate focuses, in a broad sense, on the possible contents that such policies take on, based on fundamental rights of constitutional origin. Based on this premise, this dissertation aims to delimit the concept of public policies based on the theory of the logical framework matrix, as a viable alternative to the summary description routinely employed in the approach to the subject at hand, especially in relation to the instrumental field of policy formation. To do so, the structure of public policies and their objective elements are examined, based on the logical framework methodology applied in scientific study and evaluation of public policies by various international organizations. The theoretical reference on public policies in general, developed in the context of Political Science, is used to delimit the subjective elements and intrinsic challenges to be faced for effective implementation. The right to the environment is used as a theoretical and practical foundation for the application of the theory undertaken, emphasizing the lack of environmental ethics as a determining factor for the success of the revered policy. The intention is not to limit the research to the relevant nature of environmental public policies, but to relate their structure in association with specific cycles of policies that prioritize the idea of sustainability, prescribing the historical apanage of the right to an ecologically balanced environment as a factual presupposition for policy formulation from an ecological perspective. This guiding thread allows, as argued in this dissertation, the identification of the legal regime and principles applicable to the species, as well as its function. The more specific function of the precautionary principle is emphasized, as well as the controversies resulting from its handling in the creation of environmental public policies, translated into the leading case brought before the Brazilian Supreme Court in the Extraordinary Appeal No. 627.189/SP. To achieve the desired scientific result, the hypotheticaldeductive method was used, and the operationalization of this approach was developed through qualitative research, through the collection of bibliographic data, including legislation and documents from government websites, physical and digital books, as well as academic and scientific productions that are relevant to the proposed theme.