The Apparent Legislation in Building a Constitutionalisation Symbolic and its Effects on Environmental Protection

Abstract

The development of a democratic state requires beyond recovery, the effectiveness of
fundamental rights in the present Constitutional Charter. In this context, it is proposed
to discuss and analyze the normative positivist system, from a biopolitical approach and
the microphysics of power, seeking to uncover a possible ideological influence on legislative
processes. The aim is also based on the concept of symbolic legislation, examine some
of the content of legislation that lead to inefficiency or distortion of results normatively
proposed, aiming only to serve ideological purposes well defined. Search in that context,
analyzing the speeches of lawmaking and the results achieved normative, defining a concept
of law apparent, to verify the use of law as an instrument to support the interests of
a ruling class, through a process of universalization and apparent abstract ideas, which
camouflage the concrete existence of particular goals of a particular class. The apparent
use of such legislation through a biopolitical process may be understood as a way of calming
a social order to conduct the maintenance of appropriate interests. The production
of an apparent law that integrates and constitutes a legal infra, ultimately influence the
applicability of constitutional norms, often functioning as a processing agent interpreting
the Constitution. Finally, check that this apparent law produces direct effects and hinders
protection actions to the environment.