TO THE RULE OF ENVIRONMENTAL LAW

In the 1988 Charter, environmental protection expresses constituent commands that are not optional and compel all governmentstructures, as well society, to assume postures in accordance with dictates of protection, belonging core constitutional identity. The competition political, social economic interests, also safeguarded by text, natural resources aimed at a dignified existence development present future generations, contextualizes deficiencies omissions provision policies require reaction from constituted powers so unconstitutional fault is perpetuated. Jurisdiction represents one ways implement Environmental Constitution, formally substantially legitimized principles judicial review, illustrated recent Brazilian courts’ approaches silence or default legislator Executive Power. change traditional paradigms, however, affects legal relationships immune criticism, which requires reflection analysis community. study uses deductive method, proposing examine problem light neoconstitutional guidelines carries out exploratory, bibliographical documental research appreciate jurisdictional constructions based on effectiveness Brazil.