Aberturas principiológicas internacionais e as possíveis clausuras ambientais pátrias: hospitalidade normativa para a preservação da essência de origem

Abstract

As the right to hospitality can and must be understood as a human right, under the aegis of cosmopolitan thinking in a world of free movement, the right of any human being to an “ecological hospitality” is also clairvoyant. From this perspective, it is believed that, wherever the subject is, this right to the hospitable environment must be conveyed/assured/configured, in advance, by a kind of normative domestic hospitality that accepts the great international environmental principles and that this normative framework receives identical hospitable treatment by the constitutional jurisdiction. This aforementioned legal hospitality finds materialization when international environmental principles are published in reception by a certain national legal system, precisely because of cosmopolitanism, which is inherent to the global ecological issue. Hence the international environmental principles need true villes-refuges that promote an authentic and necessary normative hospitality in order to guarantee a global ecological enjoyment. The human right to an ecologically balanced environment depends, unlike classical dimensions or generations, on an excessive abstract standardization, with the exercise of judicial protections derived from it being initiated through procedural substitutions. This exaggeration of definitions, through what will be called “normative pollution”, it seems, ends up compromising the very human nature of this right. The proposal is the broad resignification of Derrida's ethics of hospitality not only so that the kosmopolités citizen is not treated with hostility, but also so that the international norms of a principled nature are hospitably received by the domestic constitutional jurisdiction. Exactly so that the hospitable ethics is integral in relation to all the citizens of Gaia. The “principle weakening” occurs precisely after the internal configurations are established. The preservation of the normative essence of origin must be raised to the category of autonomous environmental principle. Citizen protagonism in individual guardianship ends up protecting and preserving, in a certain way and at reasonable levels of protection, the normative essence of origin and, consequently, the very opening of the system. Therefore, the concern about the preservation of principles in the field of the environment remains much more latent, necessary and differentiated. This is explained by the fact that access guardianships are given in different ways. In individual human rights, in one way or another, a certain qualified openness or dialogical connection between the domestic and international systems is maintained. Hence the talk here of international openings and possible homeland environmental closures.