JUDICIAL ECOLOGICAL GOVERNANCE IN THE AMAZON

STUDY OF THE CONSTITUTIONAL ACTIONS ABOUT THE SUPPRESSION AND AMENDMENT OF CONSERVATION UNITS IN RONDÔNIA FROM THE PERSPECTIVE OF THE PARADIGM OF SUSTAINABILITY AND ECOLOGICAL ETHICS

Abstract

The article examines issues related to legal-political debates around the legislative acts adopted by the Executive and Legislative Powers in the State of Rondônia, and respective Unconstitutionality Actions of these laws judged by the Judiciary Power - Court of Justice of the State of Rondônia – under the focus the paradigm of sustainability and ecological ethics. Facing up to the new problems arising from the climate crisis demands overcoming the anthropocentric paradigm, under which the mechanistic conception of the environment was formed, defined by scientific and philosophical thought of the 16th and 17th centuries, according to which nature constitutes a source inexhaustible resources available to man. Consisting of a bibliographical and jurisprudential research, the work outlines the nuclei of the sustainability paradigm and ecological judicial ethics, as well as the insertion of these concepts in the recent judgments of the Court of Justice of the State of Rondônia, which promote a redesign of the legal-political debate which has unfolded in recent years in the face of political pressure for the expansion of spaces for agriculture in the State, a scenario in which the counter-majoritarian role of the Judiciary Power is evident, resorting to modern techniques of judicial governance in structural demands to well comply with the new role to be played by the courts, in accordance with the Sustainable Development Goals of the 2030 Agenda and the fundamental human right to a safe, clean, healthy and sustainable environment, recently declared by the UN Human Rights Council.