O acesso à informação no direito ambiental e a Convenção de Aarhus: a efetivação do direito fundamental à participação

Abstract

This article aims to analyze the nature of the right to information as intrinsic and structuring part of the right to participate, from the consideration of this principle as a fundamental element in the promotion of sustainable development. It sought to determine the contents of the Aarhus Convention from an international legal framework that aims to effect participation in environmental issues to any person or entity, public or private, in addition to presenting an innovative character in relation to guarantees access to information and participation in environmental matters. In order to define the scope of the measures prepared in that Convention was held on case study precisely the scope and interpretation to be considered by the signatory States at the time of application of the instrument, having been brought before the Court of Justice of the European Union, as all member states of this integration process had to incorporate the Convention as an integral part of Community Law.