Para o Amazonas que nasceu humano: análise garantista sobre a necessária preservação do encontro das águas dos rios Negro e Solimões à luz de princípios constitucionais ambientais

Abstract

Under the focus of the General Theory of the Legal Garantism elaborated by Luigi Ferrajoli, this dissertation aims to analyze the discrepancy between the achievement of Constitutional Environmental Principles, including the Principle of the fundamental human right to a healthy and ecologically balanced environment, foreseen in the caput of article 225 of the Brazilian Federal Constitution and the proposal for construction of the Port of Lajes, located in the Meeting of Waters of the Negro and Solimoes rivers, a unique natural phenomenon in the world, at the heart of Amazonas state. The General Theory of the Legal Garantism intended to be a possible solution to the crisis of Law. The Legal Garantism can be understood as a normative model of Law, a critical theory of Law and philosophy of Law and a critique of politics. The Legal Garantism redefines the concepts of constitutionalism, substantialized them. Underscores the key role of the material validity of legal norms - differentiating principles and rules - in face of the Federal Constitution of 1988, a factor that reveals the declaration of unconstitutionality of all acts and laws that affect human rights connected to the Meeting of Waters in their natural, archaeological, paleontological, aesthetic and landscape perspectives in face of the set of principles protection of the environment. This dissertation is nested in the Constitutionalism and Law Production Line of Research