O direito ao meio ambiente ecologicamente equilibrado como um direito fundamental de natureza social e seus exercicio harmônico com os direitos culturais

Abstract

The right to a balanced environment, as foreseen in the Constitution’s 225 article, is considered to be a fundamental right, due to it’s relations with human dignity and healthy life quality, to which is taken for essential. This right is owed to both: individuals and collectivities, which influences the way it can be pursued in law courts. Likewise, the Brazilian Constitution also contemplates the cultural rights, also considered to be fundamental rights due to their relations with human dignity. Conflicts can arise from the exercise of those categories of rights, and the conflicts solution must be solved regarding their normative structures. Understood as principles, not rules, the cultural rights and the right to a balanced environment must be exercised in the maximum possible extent, which demands, to the concrete cases conflict solving, a solution based in balancing the principles so that in the process the very core of those rights remains unwounded. One must think in ways in which the colliding Rights’ boundaries can be bended, and mainly think about ways to assure the harmonic exercise of those Rights. Keywords: Rights. Balanced Environment. Cultural Rights. Collision. Balance.