STATE OF ENVIRONMENTAL LAW: ENVIRONMENT AS A FUNDAMENTAL LAW?

Abstract

This article aims to understand the concept of the State of Environmental Law and to carry out a discussion about its implementation, suggesting ways for it to become a reality, bringing to the discussion the National Solid Waste Policy (PNRS), instituted by Law n. 12,305 / 2010. Before that, a bibliographical rescue of the role of the State before the environment was introduced before and after the Constitution of 1988 until arriving at the concept of State of Socioambiental Right. Then, in a second moment, a discussion about its actual realization regarding the right to a healthy and ba-lanced environment as a fundamental right. It was noticed through the accu-rate literature and the analysis of the PNRS that, after decades of omission in relation to the environment, the State rehearses the first steps towards a state considered environmental, but also realized that the challenge is great, since the implementation of environmental public policies faces several difficulties, from financial to lack of information. It was also observed that a possible solution to this scenario involves many factors, three of them essential: access to information, collective awareness and popular participation.