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Portuguese

ID: <

oai:doaj.org/article:2f8e195b00084100b18f1f4683b005c1

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THE ETHICS OF LEGAL RESPONSIBILITY AND THE PROTECTION OF FUTURE GENERATIONS IN THE FEDERAL CONSTITUTION OF BRAZIL

Abstract

Technological development patterns, based on traditional anthropocentric ethics, have triggered serious risks to nature, resulting in a threat to the human species itself. These questions call for a reversal of human action. based on the Responsibility Principle, in terms of the need for nature conservation to promote the assurance of its future existence. Among the main ways of implementing such responsibility is the action of the State, through the right in the face of the responsibility to create the first bases for the implementation of present public policies which call for future projections and which also have as preconditions are the basis for an ethics of responsibility. Brazil, which has one of the largest sources of biodiversity in the world, has in its Magna Charter premisses that aim to unite environmental protection with the quality of life of present and future generations, even considering that this standard is a fundamental right, which supports the need for the application of an Ethics of Responsibility in order to carefully safeguard the elements present in nature and consequently the existence of continuity of the human species in this universe. To this end, the aim of this work, literature and documentation, is to establish an ethical and legal relationship between a well-balanced environment and the quality of life of individuals present on Brazilian territory, on the basis of the current Brazilian legal context, specifically as regards the protection of the Brazilian environment in the text of the Federal Constitution of Brazil, which refers to intergenerational and intra-generational human protection interests. Such considerations are justified in the light of the interpretation of the principle of liability, as conceived by Hans Jonas, which focuses on the integrity of human existence based on the relationship between man and nature, as an ethical responsibility, which refers to the current legal context and, consequently, to the existence of future generations. This is work of the kind theoretical, bibliographic and documentary. The interpretative methodological procedure outlined by Martin Heidegger will serve as a basis for the analysis of the subject presented, with a view to the need for a thorough interpretation, an approach. phenomenology, the texts and documents collected, intended to understand their forms and contents in order to structure the analysis and to substantiate the body of the search, establishing the link between the application of the principle of responsibility and the consequent continuity of the human species and its activities, with a view to linking them to the rule relating to the subject matter in the Brazilian legal system.

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