Ecologia e intergeracionalidade: princípios da avaliação prospectiva da lei

Abstract

The main problem of this thesis is to ascertain whether and to what extent future generations are taken into account in the practice of Regulatory Impact Assessment (RIA), particularly in the context of the climate emergency. To this end, the methodology employed was that of case studies, entailing an analysis of RIA models and practices in Brazil, Colombia, and New Zealand. The initial hypothesis suggested an absence of an intergenerational, systemic, and long-term perspective in these assessments, in accordance with the premises of Ecological Law, and the Legistic Methodology. The research explored the foundations of intergenerational justice and conducted a comparative analysis of constitutions from around the world to identify how many and which ones expressly protect future generations. Furthermore, the study examined the obligations of States with regard to the safeguarding of climate stability and security through a comparative analysis of legal precedents. The normative chain and guidelines on RIA, the content of reports on prior impact assessments, government documents and web pages on the subject, as well as responses from information access requests in the selected countries (Brazil, Colombia, and New Zealand) were subjected to analysis with the central objective of assessing any incorporation of long-term impact measurement into RIA’s structure and practice. The comparative study concluded that, although the tool is institutionalized in all three countries, the cultural aspect embedded in regulatory management leads to significant distinctions in practice. The New Zealand system revealed a higher degree of incorporation of a systemic and long-term perspective, while Brazil and Colombia have applied RIA in a more reductionist and limited manner, missing, among other things, the opportunity to draw from the worldviews of traditional peoples. Finally, the thesis puts forth contributions for contemplating prospective RIA from an intergenerational and ecological framework, whether through more concrete proposals, such as incorporating climate impact assessments into regulatory practice, or through suggestions for systemic transformations, the use of the precautionary principle, and future thinking. Adopting a transdisciplinary approach, the thesis engages with studies from Natural Sciences, Geophysics, Economics, and Public Management, while, in the legal field, traverses at least the domains of Constitutional, International, Comparative, Environmental, Legistic, and Human Rights Law, while also pointing out avenues for future research.