A tutela do direito ambiental às gerações futuras no Superior Tribunal de Justiça

Abstract

After the end of World War II, the effects of human action on the environment became clearer, the damages exceeded the limits of what had hitherto been known, establishing a period of uncertainty. Within the environmental field, influenced by Ulrich Beck's Risk Theory, the Law sought to measure the extent of risks and ecosystem damage, in order to prevent and repair the environment not only for those directly affected but also to protect it for future generations, this is a diffuse good. However, the protection of future generations is still lacking in development, given the difficulty in defining them, establishing their needs and representing them. From there, the need arises to analyze how the right to a balanced environment is being protected for the future generations by the applicators of the right. For this, the research adopted a theoretical-practical approach, using the inductive method. This is because at first, theoretical foundations were raised about the development of environmental protection and discussions about the rights /interests of future generations and, secondly, there were analysis of 200 STJ monocratic decisions by searching for key words, highlighting the exploratory nature of the monograph. The objective, finally, is to analyze how the STJ has been applying Brazilian legislation and what effective legislation has been carried out, regarding the safeguarding for future generations of the right to the environment.