THE TENSIONAL RELATIONSHIP BETWEEN THE RIGHT TO CULTURE AND THE RIGHT TO TRANQUILITY AND A BALANCED ENVIRONMENT A case study of “Arraial Pertinho de Você”

Abstract

The present work focuses on the study of the "Arraial Pertinho de Você" case, observed in São Luís and characterized by a tension between constitutional principles: on one side, the right to culture, and on the other, the right to peace and a balanced environment. In this sense, the research deals with a lawsuit filed by the residents around the festival site, whose object consists of a claim against noise pollution and other illicit activities caused by the event. Thus, the main objective of this work is to analyze the case in question, with an emphasis on the decision rendered in the case files, seeking to build bridges of approximation and contextualization that allow demonstrating the correlation between the practical aspects of the concrete case and the judicial decision, and between these and the theoretical contributions of Alexy and Dworkin. To this end, the descriptive procedure method is used, with a bibliographical discussion of the theme, interspersed with data obtained from the judicial process, enabling the development of adequate exploratory research. In conclusion, according to the results found, it was possible to conclude that the concrete case is based on an effective collision between underlying constitutional principles; this collision can be understood, and above all solved, with the application of the theory of principles, the principle of proportionality, and the law of collision, as presented throughout the article.