The structural process as an instrument applied to the right of access to environmental information in Brazil

Abstract

https://doi.org/10.1590/2179-8966/2023/76825

Although Brazil has one of the most advanced regulatory systems in the world in terms of access to environmental information, it has a long way to go to realize this right, considering that much environmental data is fragmented, outdated or non-existent, as will be presented in this article. In this context, the following research problem arises: how to realize the right of access to environmental information in Brazil, considering its importance to guarantee an ecologically balanced environment? To answer this question, the article uses a bibliographic and documentary research with a qualitative approach. As for the type, it is exploratory and as for the objectives, it is descriptive, with a theoretical nature. As a result, evidence indicates that the country does not follow constitutional and conventional standards of right/duty of access to environmental information due to structural problems. Due to this systemic failure, it is suggested that a State of Unconstitutional and Unconventional Things be recognized in relation to the right/duty of access to environmental information in Brazil, which demands the filing of a structural lawsuit.