From the legal dogmatic criticism to the legal hermeneutics: reflections on the (un)efficiency of the standards of healthy environment protection

Abstract

This article discusses the issue of ineffectiveness of protecting the healthy environment from the critique of dogmatic legal and constitutional hermeneutics. The objective is, thus, to determine the extent to which modern constitutional hermeneutics
can, through the consolidation of new perspective and inserted into a new role of the judiciary, to help overcoming the liberalindividualist normative-paradigm practice that prevails in the Brazilian legal reality and to circumvent problems arising from the crisis in contemporary legal dogmatics.