Environmental background in discusion: application of acquired law, perfect legal act and judged thing.
DOI:
https://doi.org/10.21527/2176-6622.2022.58.12348Abstract
The acquired right, the perfect legal act and the res judicata are constitutional guarantees that are conceptualized in the Law of Introduction of the Norms of the Brazilian Law (LINDB) and are harmoniously interconnected to the other institutes of the Brazilian legal system. They are guarantees that, once acts are performed, they cannot be undone. However, some rights related to meta principles overlap with others, when they do not then apply to existing general rules. In this way, the main objective of the work is to establish an understanding of the acquired right, the perfect legal act and the res judicata in environmental matters, within a perspective of prohibition of environmental regression. The work presents the environmental developments arising from the non-applicability of the acquired right, the perfect legal act and the res judicata in cases where there was environmental degradation. It is a basic and exploratory research, bibliographic and documentary. The results of the research show that the prohibition against environmental setbacks is implicit in article 225 of the Federal Constitution of 1988. And although its applicability is not always assured, however, the application of this principle has undergone advances and setbacks, especially in Pontal do Paranapenama-SP.
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