THE AFFIRMATION PROCESS OF HUMAN RIGHTS IN FACE OF THE CONSTITUTIONAL CONCEPT OF ENVIRONMENTAL LAW

Abstract

The concept of human rights is historically and structurally related to the rights of the human person then importing establish a possible concept of that expression in the face of some criteria that indicate an overview about the concept of the human person. These criteria clearly influence the interpretation of the Brazilian constitutional law system as regards the positivization of human rights particularly in the face to ensure concretely, the constitutional normative level, the effectiveness of the so-called minimum living floor indicated in art. 6 of the Brazilian Federal Constitution, namely, to observe the constitutional environmental law ensuring the dignity of the human person. The right to integrity of the environment in the face of its constitutional concept (cultural environment, artificial environment, environmental work and natural environment) is legal right of collective ownership, reflecting, in the process of affirmation of human rights significant expression of a power granted, not to the individual identified in its uniqueness, but in a truly comprehensive way, assigned to own social collectivity as already proclaimed by the Supreme Court in ADI 3540.