STUDY ON THE RIGHT TO ECONOMIC FREEDOM AND TO ECOLOGICALLY BALANCED ENVIRONMENT CONFLICTS AND APPROACHES

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Yanko Marcius de Alencar Xavier
Vladimir da Rocha França
Karoline Fernandes Pinto Lopes

Abstract

This study analyzes the right to economic freedom and the right to an ecologically balanced environment. These rights are constitutionally sheltered and occupy the heart of discussions in the political, social, and economic environments. It is known that economic development, largely guaranteed by the right to economic freedom, is essential for humanity. At the same time, the right to an ecologically balanced environment is inherent to human life and is a crucial factor in the perpetuation of future generations. Given this context, the problem of the study arises: is it possible to simultaneously guarantee and benefit from the right to economic freedom and the right to an ecologically balanced environment? The study aims to analyze the compatibility of the mentioned rights, supporting the initial hypothesis that the adoption of the sustainable development model allows the simultaneous and harmonious enjoyment of these rights. To answer this question, the methodology applied in this work is theoretical in nature. For the development of the narrative, secondary sources of bibliographic and documentary research were used. In the end, we conclude that sustainable development presents itself as the bridge of balance between these two rights.

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Author Biographies

Yanko Marcius de Alencar Xavier, Universidade Federal do Rio Grande do Norte (UFRN)

Ph.D. from the Institute of Private International Law and Comparative Law at the Universität Osnabrück (UNIOSNABRUECK), Osnabrück, Germany. Doctor and Master’s in Law from UNIOSNABRUECK. Graduated in Law from Universidade Federal da Paraíba (UFPB), João Pessoa/PB, Brazil. Professor at Universidade Federal do Rio Grande do Norte (UFRN), Natal/RN, Brazil. Coordinator of the Human Resources Program in Petroleum, Natural Gas and Biofuels Law (PRH-ANP/MCTI n. 36) and the research groups in Law and Development and Law and Regulation of Natural Resources and Energy.

Vladimir da Rocha França, Universidade Federal do Rio Grande do Norte (UFRN)

PhD in Administrative Law from the Pontíficia Universidade Católica de São Paulo (PUC-SP), São Paulo/SP, Brazil. Master in Public Law from Universidade Federal de Pernambuco (UFPE), Recife/PE, Brazil. Graduated in Law from Universidade Federal do Rio Grande do Norte (UFRN), Natal/RN, Brazil. Professor of Administrative Law at UFRN. Attorney.

Karoline Fernandes Pinto Lopes, Universidade Federal do Rio Grande do Norte (UFRN)

Master in Law from Universidade Federal do Rio Grande do Norte (UFRN), Natal/RN, Brazil. Specialist in Constitutional Law from Faculdade Internacional Signorelli (FISIG), Rio de Janeiro/RJ, Brazil. Graduated in Law from UFRN. Attorney.