Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988

Authors

DOI:

https://doi.org/10.48075/ijerrs.v6i1.29996

Abstract

Abstract: This article has as object of study the repercussions of the dimension of the Human Right to Peace in Brazil after the decision of the Supreme Federal Court on Declaratory Action of Unconstitutionality No. 3,540, which recognized the rights of a brand-new dimension between economic and environmental aspects.  The research method used was inductive, with bibliographic, jurisprudential, documentary, and normative investigation.  The consequences of the pluralities of rights and people make the recognition of the Human Right to Peace in Brazil expose the advances and challenges regarding the applicability of sustainable intergenerational legal certainty. The result permeates the moral blindness of global actors, their modus vivendi and modus operandi in risk societies. Pointing out better efforts regarding Brazil's constitutional objectives and foundations in the face of the 2030 Agenda offers perspectives on understanding a complex of crises in which this right involves, giving prospects for an asymmetry to sustainability.

Keywords: Peace. Risk and Sustainability. Intergenerational Legal Certainty. Development and Democracy.

Author Biographies

Filipe Bellincanta de Souza, Santa Catarina State University - UDESC

Master in Territorial Planning and Socio-Environmental Development at Santa Catarina State University - UDESC. Member at International Center for Comparative Environmental Law, Limoges University, France. Specialist in Sustainable Management and Environment at Pontifical Catholic University of Paraná -PUC-PR. Bachelor of Law at Vale do Itajaí University - UNIVALI.

 

Letícia Bellincanta de Souza Bellincanta de Souza, Faculty of Law of Curitiba - UNICURITIBA

Specialista in Public Law at Federal Judiciary School of Paraná – ESMAFE. Specialista in Constitutional Law at Damásio de Jesus. Bachelor of Laws at Faculty of Law of Curitiba – UNICURITIBA. Lawyer.

 

 

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Published

02-04-2024

How to Cite

BELLINCANTA DE SOUZA, F. .; BELLINCANTA DE SOUZA, L. B. de S. Asymmetries Versus Sustainability: The Human Right to Peace in Brazil Post-1988. International Journal of Environmental Resilience Research and Science, [S. l.], v. 5, n. 2, 2024. DOI: 10.48075/ijerrs.v6i1.29996. Disponível em: https://saber.unioeste.br/index.php/ijerrs/article/view/29996. Acesso em: 17 may. 2024.