Tension between enviromenment and private property under the contemporary constitutional hermeneutics

Abstract

The aim of this paper is to investigate how the Supreme Federal Court has facedthe challenges of sustainability, particularly the tension between the right to anecologically balanced environment and the institution of private property, evaluating if a"new" constitutional hermeneutics has been being constructed in the process. Untilrecently, the Constitution was being interpreted through the same methods and criteriaapplied by traditional Civil law. Recently, authors like Friedrich Müller, Konrad Hesseand Peter Häberle began to devote themselves to the study of the specifications of theConstitution in pursuit of interpretive methods that would enable the realization of itsnormative force. In the ideas of these authors, the present article sought theoreticalbasement to conduct analytical research on the decisions of the Supreme Federal Courtwhich show the conflicts between ecologically balanced environment and property,seeking to discern whether it is being built on the SFC a new constitutional hermeneutics.