The fundamental right to a healthy environment: The contribution of the carbon credits policy

Abstract

The current stage of environmental degradation and the many externalities of the current development model, caused mainly by the emission of polluting gases, have been providing discussions in the various academic, social, political, economic and environmental circles, especially regarding the risks and threats in which concerns the guarantee and preservation of an ecologically balanced environment. Faced with this situation, numerous debates were held and several international documents were created, focusing on the growing importance of the quality and diversity of life and ecosystems. In the Brazilian case, it culminated in the approval of the text of the Federal Constitution of 1998, contemplating the right to a balanced environment, in its art. 225, as a fundamental right. In this context, the present research analyzes that, although it is not included in the specific title of fundamental rights, the right to a balanced environment is considered and equated as such. Discusses the need to implement this right and emphasizes that the pursuit of sustainable development is essential for the quality of life and maintenance of a healthy environment. Finally, the use of clean development mechanisms is analyzed, especially the commercialization of Carbon Credits, as a tool for the realization of the fundamental right to an ecologically balanced environment and the realization of sustainable societies.