Public hearing in Brazilian constitutional jurisdiction: the environmental problem
DOI:
https://doi.org/10.6008/CBPC2179-6858.2022.009.0018Keywords:
Public Hearing, Environment, Participatory Democracy, InterdisciplinarityAbstract
The hearings were foreseen as a mechanism for consulting specialists to clarify matters or factual circumstances. Therefore, it is extremely important that issues related to the environment are included in this area. The present study aimed to analyze the participation of specialists in the field of the environment in public hearings held from 1997 to 2021, within the scope of the Federal Supreme Court and the repercussion of their speeches in the legal debate. Up to the date of this research, 35 public hearings were held, of which 7 deal with issues related to the environment, in their various interdisciplinarities. A systematic analysis of the entire content of the judgments involving the aforementioned theme was carried out, highlighting the number of experts heard in each process, their titration degree and the mention of words, such as public hearing, referred to in the entire content of the judgments judged. After more than thirty years of environmental protection as a fundamental right, set out in its own chapter and in other constitutional provisions, despite the protection of the highest normative instrument of our legal system, several illicit acts were perpetrated, causing damages that are difficult to repair, such as the issue of the Brumadinho and Mariana dams, in Minas Gerais. In this sense, the object of this study aims to evaluate whether the participation of the various sciences of knowledge contributed positively to the defense of the environment in the public hearings convened by the Brazilian Constitutional Court, when the matter involves any violation of the environment, and if the contributions of the heard academics were used as a basis for the Court's decision, thus functioning as an effective defense of the environment by civil society, through this institute of participatory democracy. Finally, the survey method was used in order to obtain information about the level of awareness, sensitization and perception of the theme in teachers, students and professionals of science related to the environment.
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