A dimensão agroambiental da dignidade humana: uma análise de decisões do Supremo Tribunal Federal

Abstract

This study aims to analyze to what extent the agro-environmental dimension of human dignity constitutes the basis for judicial decisions within the scope of the Federal Supreme Court. This, in fact, is the research problem. There are four specific objectives that will correspond to the sections of the work. The first of them is precisely to analyze human dignity based on its origin and evolution in Western thought, offering a proposal for a current legal conceptualization, without neglecting to establish the relationship with fundamental rights and also with human rights, then establishing its dimensions. The second specific objective is concerned with investigating the ecological aspect of the agro-environmental dimension of human dignity, based on the (jus)fundamentality of the right to an ecologically balanced environment, the principle of solidarity, including from the perspective of intergenerational equity, the ecological existential minimum, the principle of prohibition of insufficient protection and/or regression, and also from the perspective of climate change. The third objective will be concerned with making these same outlines, but now from the perspective of the agrarian aspect. This section will address the fundamental rights of access to land, the social function of land, agrarian possession, agroecological possession, and how land is embodied in an element that goes beyond the spatial scope and encompasses the idea of belonging and culture for countless peoples. The fourth and final objective is to investigate how the STF uses, if at all, the agro-environmental dimension of human dignity as a reason for deciding in its jurisdictional pronouncements. The methodology used in the development of the thesis was deductive-analytical reasoning, and the study of multiple cases will be adopted as the method of procedure. The research technique used was indirect documentary, notably bibliographic in nature. At the end of the work, it was concluded that the STF recognizes that human dignity is currently formed by a new dimension, namely, the agro-environmental dimension, and that it uses it in its judgments, to a large extent, as a reason for deciding. However, sometimes, in a hesitant manner, it goes beyond the parameters established by this new dimension to the point of even contradicting it, which to a certain extent weakens its judgments and subjects them to questioning.