THE UNAVAILABILITY OF THE FUNDAMENTAL RIGHT TO ENVIRONMENTAL PROTECTION

Abstract

This is an article whose object is to analyze the unavailability of the fundamental right to the protection of the environment. In order to reach the proposed objective, the work is divided into four parts: (i) the first part start with an ontological analysis of rights and then (ii) study the unavailability and inviolability of rights from the perspective of theory of the legal norms. Once this stage is over, (iii) will be verified the fundamental right to the protection of the environment and, in sequence, (iv) will be investigated the unavailability of this right, but this respecting the peculiarities of the legal norms that promotes transindividual fundamental rights. In turn, regarding the methodology used, the hypothetical-deductive method will be used in research whose objective is explanatory, since it seeks to identify the factors that justify the theses object of this study. In order to achieve the expected purpose, is adopted the bibliographic procedure, once it is supported by normative and theoretical references published in written and electronic media.