THE MANIFESTO OF TRANSCONSTITUTIONALITY FOR PRESERVATION OF THE ENVIRONMENT

Abstract

The article is part of the study of constitutional sociology for the realization of ecologically balanced environmental law in the light of transconstitutionalism, aims to problematize the phenomenon of transconstitutionalism and its impact on environmental protection. To do so, it presents a summary of environmental crimes and cooperation between states. Finally, we analyze the implementation of environmental protection around the performance of the transconstitutionalism, especially the positions of C. Thornhill, G. Teubner and L. S. Rocha. As for the Methodology, it is the pragmatic-systemic matrix, evidencing its influence in the current studies on the sociology of constitutionalism. This course makes it possible to verify to environmental law the necessary transition between theoretical perspectives in the current scenario, propose that it be based on the elaboration of a transconstitutionalism, aiming at the exploitation of the experiences of external legal orders and cooperation among the states, as well as information and participation of environmental collectivity, which are essential to the improvement of a global culture of environmental preservation.

Keywords

• direito ambiental
• sociologia constitucional
• transconstitucionalismo.