THE RIGHT TO A FAIR HEARING AND FULL DEFENSE AS VECTORS IN PUBLIC POLICIES OF ENVIRONMENTAL LAW

Abstract

This article aims to examine the role of the constitutional principles of adversarial proceedings and full defense in the structuring and implementation of environmental public policies in Brazil. It is based on the premise that such procedural principles, in addition to being individual guarantees, are structural conditions of a Democratic State under the Rule of Law, especially in environmental matters, where diffuse interests and popular participation play an essential role. A qualitative and dogmatic approach is adopted, based on specialized doctrine and constitutional jurisprudence, to demonstrate that the effective procedural participation of social actors is indispensable to the legitimacy of decisions and the sustainability of state environmental actions.