Sustainability as an Inducting Element for an Environmental State of Law

• Autores: Guilherme Nazareno Flores, Paulo Marcio da Cruz
• Localización: Journal of Law and Sustainable Development, ISSN-e 2317-4056, ISSN 2764-4170, Vol. 9, Nº. 2, 2021
• Idioma: portugués
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• Dialnet Métricas: 3 Citas
• Resumen

  • In a world where national borders no longer exist, the mechanical logic of the economic process has in the environment the inexhaustible source of raw material and energy for the production of consumer goods, in order to make a profit, making run the economy. And this is achieved through a permanent system of motivation/induction of people to maximum consumption, thus demonstrating the cogs of a system that is absolutely degrading to the Earth's environment, everyone's home. In turn, the model of the Modern Constitutional State, with its legal architecture of Environmental Governance – national, but with global pretensions – is clearly insufficient and exhausted in the face of new transnational scenarios caused by post-modernity, and thus, unable to face the multidimensional and complex elements that cause the environmental crisis we are experiencing. This article intends to discuss our theories and proposals for a new architecture of transnational legal governance that privileges sustainability as an inducing element of Law for the creation of Environmental Constitutional States of Law, with the theoretical bases brought by Nicholás Georgescu-Roegen who, through Entropy and Thermodynamics (second Law of Physics) and contrary to the structure of neoclassical economic thought, considers the environment and the finiteness of natural goods as a source of energy, raw material and waste throughout the economic process, sustaining the way of life current in the world and which, science has warned us, can bring serious consequences to humanity in this or the next generations.