Os hard cases no direito ambiental: análise sobre a atuação do judiciário perante casos difíceis (hard cases) em matéria ambiental e o ativismo judicial como instrumento de justiça compensatória

Abstract

This work analyzes the great debate on judicial activism, but with an approach to environmental law and how this aspect influences justice and the violation of constitutional precepts that are the basis of security and separation of powers and their autonomy. In its scope, it carries out the conceptualization of judicial activism in order to demonstrate its unconstitutionality in difficult cases (hard cases), and this term is clearly explained for the purpose of understanding and understanding. It also brings criticism based on the constitutional guidelines themselves, and that to follow the activist path is to go against the precepts of the Democratic State of Law and thus enter into a paradox. But also, to bring an analysis to the environmental issue and how activism has become a compensatory instrument to nurture a "justice" that is helpless, but it is a misalignment on the part of the Judiciary in constitutional guidelines, in relation to the superposition of principles on the rules and the consideration of these principles as general rules in their analyses. Concluding with a synthesis of the study surrounding all the details and arguments put forward to support this action of the Judiciary Power before the Legislative Power and the Constitution.