Retrocesso ambiental em discussão: aplicação do direito adquirido, do ato jurídico perfeito, e da coisa julgada

Abstract

The acquired right, the perfect legal act and the res judicata are constitutional guarantees that are conceptualized in the LINDB - Law of Introduction of the Norms of the Brazilian Law - and are harmoniously interconnected to the other institutes of the Brazilian legal system. They are guarantees that, once acts are performed, they cannot be undone. However, some rights related to metaprinciples overlap with others, when they do not then apply to existing general rules. In this way, the main objective of the work is to establish the understanding of the acquired right, the perfect legal act and the res judicata in environmental matters, within a perspective of prohibition of environmental regression. The work discussed the environmental consequences arising from the non-applicability of the acquired right, the perfect legal act and the res judicata in cases where there was environmental degradation. It is a basic and exploratory research, bibliographic and documentary. The hypothesis adopted in the work is that considering the real applicability of the acquired right, the perfect legal act and the judo thing as guarantee of legal security, it is stated that the preservation of the environment should prevail to the detriment of legal security. The debate involving the environmental setback and the application of acquired rights, the perfect legal act and res judicata concerning the preservation of the environment is deepened, from the perspective of some authors. The results of the research show that the prohibition against environmental regression is implicit in article 225 of the Federal Constitution of 1988.