Acesso à informação ambiental: por um novo paradigma de participação

Abstract

This article’s scope is to examine the application of fundamental rights related to the environment in the Brazilian legal system, in order to demonstrate the impact of international environmental law, based on the statement of a normative development at international and national levels with more progressive character in environmental harvest, focusing on international environmental principles, notably on the principle of popular participation. It attempts to establish the international instruments that deal with the matter, with particular attention to the Aarhus Convention, in order to analyze how was the impact on the national system considering the participation as a structural foundation of the democratic exercise and eco-citizenship. The comparative method was carried out in the study of convergences and divergences between the Aarhus Convention and the Law n. 10.650/2003, as well as, in the application of historical and inductive methods for establishing conceptual premises of access to information. Thus, the goal was to identify common elements between the two types of regulation, seeking to define the content and the scope of the guarantor measures of access to information and participation. Based on that, the environment can be recipient of a greater protection at the same time of decision-making in any field or ambit of action, either in global or national level.