ENVIRONMENTAL LAW: INTERCONNECTIVITY AND REFLECTION FROM LÉVINAS

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Carla Bertoncini
Bruna Guesso Scarmagnan Pavelski

Abstract

From the perspective of environmental law, this article has the general objective of highlighting the increasingly prevalent environmental issues that arise as a result of the non-compliance with Brazilian constitutional provisions, as well as international protective measures. The study aimed to analyze how the Brazilian legal system has addressed and provided protection to the environment from the standpoint of the alterity principle proposed by Lévinas, considering the importance of viewing the environment as a transgenerational resource. Additionally, it seeks to examine the need to reflect on the care of "our common home", as prescribed by Laudato Si, the encyclical letter of Pope Francis. To achieve this, a review of bibliographic research and legislation was conducted, using a hypothetical-deductive approach. As a result, it conclusively demonstrates the urgent need to practice alterity. Without a doubt, the conclusion is reached that the current capitalist system must be directly confronted, as, due to the culture of selfishness and a lack of responsibility, it is already possible to observe the beginning of the scarcity of natural resources that are essential for life, especially human life.

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Author Biographies

Carla Bertoncini, Universidade Estadual do Norte do Paraná (UENP)

Ph.D. in Civil Law from the Pontifícia Universidade Católica de São Paulo (PUC-SP), São Paulo/SP, Brazil. Master in Constitutional System of Guarantee of Rights from the Instituição Toledo de Ensino (ITE), Bauru/SP, Brazil. Graduated in Law from ITE. Adjunct professor of the Stricto Sensu Postgraduate Course (Masters/Doctorate) and the Undergraduate Course at the School of Law of the Center for Applied Social Sciences at the Universidade Estadual do Norte do Paraná (UENP), Jacarezinho/PR, Brazil. Professor of Civil Law (Family and Succession Law) at Centro Universitário UNIFIO (UNIFIO), Ourinhos/SP, Brazil. Attorney.

Bruna Guesso Scarmagnan Pavelski, Universidad Pública de Navarra (UPNA)

Ph.D. student in Theories of Justice (Justice and Exclusion) at the School of Law of the Center for Applied Social Sciences of the Universidade Estadual do Norte do Paraná (UENP), Jacarezinho/PR, Brazil, in co-supervision with the Universidade Pública de Navarra (UPNA), Navarra, Spain. Master in Law from Centro Universitário Eurípides de Marília — UNIVEM (2018). Graduated in Law from Centro Universitário Eurípides de Marília (UNIVEM), Marília/SP, Brazil. Research professor at UPNA. Attorney.