Conpedi Law Review (Jun 2016)
The Apparent Legislation in Building a Constitutionalisation Symbolic and its Effects on Environmental Protection
Abstract
The development of a democratic state requires beyond recovery, the effectiveness of fundamental rights in the present Constitutional Charter. In this context, it is proposed to discuss and analyze the normative positivist system, from a biopolitical approach and the microphysics of power, seeking to uncover a possible ideological influence on legislative processes. The aim is also based on the concept of symbolic legislation, examine some of the content of legislation that lead to inefficiency or distortion of results normatively proposed, aiming only to serve ideological purposes well defined. Search in that context, analyzing the speeches of lawmaking and the results achieved normative, defining a concept of law apparent, to verify the use of law as an instrument to support the interests of a ruling class, through a process of universalization and apparent abstract ideas, which camouflage the concrete existence of particular goals of a particular class. The apparent use of such legislation through a biopolitical process may be understood as a way of calming a social order to conduct the maintenance of appropriate interests. The production of an apparent law that integrates and constitutes a legal infra, ultimately influence the applicability of constitutional norms, often functioning as a processing agent interpreting the Constitution. Finally, check that this apparent law produces direct effects and hinders protection actions to the environment.
