A saga do meio ambiente, de valor político a fato social: A análise crítica da decisão na Ação Direta de Inconstitucionalidade nº 4.983/CE

Abstract

This paper aims to analyze, from the understanding of the maxim of coherence, the decision set forth in Direct Action of Unconstitutionality n.º 4.983/CE by the Federal Supreme Court, which concluded that the Law n. º 15.299/2013, which regulated the vaquejada within the state of Ceará, was unconstitutional. The hypothesis is that the practice of weighting principles, especially when the rule of origin is extended indiscriminately, contributes to the social phenomenon of the dogmatization of values, which undermines their purpose in the democratic context. To prove this, the work is carried out through bibliographical research, which addresses the constitutional regime of the environment, its transformation of value into social fact, the relation between coherence, non-arbitrariness and equanimity in hermeneutics. To conclude, that the basement of the decision, by insisting on the excessive expansion of the rule of origin and moving away the coherence, undermines equanimity through the dogmatization of a value: the environment