Avanço técnico-científico na jurisprudência do STF: reflexões a partir das ADPFs 747, 748 e 749
This article discusses the application of the precautionary and the prohibition of ecological setback principles in the Supreme Court (STF) decision within the framework of ADPFs 747, 748, and 749. The hypothetical-deductive method was chosen based on bibliographic and documentary research. The STF...
Saved in:
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
2022
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8635742 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 43, Nº. 90, 2022 (Ejemplar dedicado a: Seqüência - Estudos Jurídicos e Políticos), pags. 1-33 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
This article discusses the application of the precautionary and the prohibition of ecological setback principles in the Supreme Court (STF) decision within the framework of ADPFs 747, 748, and 749. The hypothetical-deductive method was chosen based on bibliographic and documentary research. The STF has adopted a conservative position in the application of the principles of the prohibition of environmental setback and precaution. In the declaration of unconstitutionality of the National Environmental Council Resolution 500/2020, the STF overcame precedent arguments guided by hegemonic interests. Both in the precautionary and the final decision, Minister Rosa Weber made use of technical and scientific evidence to support her decision in favor of ecological balance and a healthy quality of life. A conclusion should be drawn on the relevance of starting an interpretative review with a view to the future and in defense of life in the STF decisions. |
|---|