Judicial Activism in Environmental Protection

An Overreach of Constitutional Powers or a Legitimate Defense of Inalienable Rights?

Abstract

Objective - To investigate the growing intervention of the Judiciary in environmental protection, seeking to determine whether it constitutes a legitimate defense of diffuse rights or an overreach of power. The central hypothesis to be tested is whether the Judiciary's application of law, when focused on environmental protection, represents a legitimate defense of the environment as a fundamental, inalienable right, or an abuse of power that improperly interferes with the other branches of government.

Methodology - The research was conducted using the hypothetical-deductive method, based on bibliographical and documentary research, to test the main hypothesis.

Originality/Relevance - The approach positions judicial activism not as an anomaly, but as an essential instrument for confronting the environmental crisis, given the frequent inertia and insufficient action from the Executive and Legislative branches. Its academic relevance is based on the need to deepen the debate on the limits and possibilities of jurisdiction in environmental protection, moving beyond the simple dichotomy between strict legality and judicial arbitrariness.

Results - The conclusion is that, given the need to protect the environment for present and future generations, the activist role of the Judiciary is justified as a suitable and legitimate instrument to guarantee the effectiveness of constitutional rights and principles, ensuring the preservation of life and sustainable development. This intervention occurs mainly to remedy omissions by the other branches and to guarantee the fundamental rights linked to a healthy environment.

Theoretical/Methodological Contributions - The main theoretical contribution of this work is the valorization of the Judiciary's activist stance on environmental matters, offering a redefinition of judicial activism for environmental defense by characterizing it as a jurisdictional tool rather than mere political interference. The diffuse and fundamental nature of the right to the environment demands a more proactive judicial posture that goes beyond a simplistic application of legal text. Methodologically, the work contributes to the debate by integrating the analysis of collective procedural instruments, such as the Ação Civil Pública (Public Civil Action) and the Ação Popular (Popular Action), with the theory of democratic constitutionalism.

Social and Environmental Contributions – As a social contribution, the work highlights activist judicial action as a tool for strengthening citizenship and human dignity by seeking to ensure that the diffuse right to the environment is protected even against economic interests or circumstantial political majorities. The main environmental contribution is the reaffirmation of the Judiciary as an essential figure for sustainability, with the power to halt projects and policies with the potential for irreversible damage, thus ensuring the preservation of ecosystems for present and future generations.