Effectiveness of public environmental policies in the era of (dis)information

Authors

DOI:

https://doi.org/10.29293/rdfg.v8i02.342

Keywords:

Disinformation. Environmental Law. Fake news. Post-truth. Public policy.

Abstract

CONTEXT: This article seeks to analyze, through doctrinal and legislative research, Environmental Law as a fundamental right, which is hampered by technological development and the growth of consumption demands that have led to increased use of natural resources as raw material , and consequently, environmental degradation, in particular, deforestation in the Brazilian Amazon region. In this scenario, the inefficiency of public environmental policies to contain this situation and protect the environment is highlighted.

OBJECTIVE: It seeks to identify one of the causes of the inefficiency of public environmental policies and how it can aggravate the scenario of environmental degradation with the approval of Bill nº 2.633/20.

METHOD: The scientific method used in this study is the inductive method, since the analysis of facts to laws was made through hypotheses, that is, it starts from the observation of some phenomena of a certain class, for all qualified class. This is because, in this study, we sought to analyze the critical form of the challenges for the realization of environmental law as a fundamental right, especially in a context of misinformation and false news, also addressing the extent of the impact of the phenomenon of false news in other areas. in general. For this purpose, bibliographic research and document analysis (legislative) are used.

RELEVANCE / ORIGINALITY: The theme presented is extremely relevant because it is a current issue, when we analyze the recently proposed Bill, which is still in progress and an approved case can have enormous implications for the realization of fundamental rights. In this way, we sought to work a critical and original look at the relationship between fake news that are being increasingly disseminated and the issue of the implementation of environmental public policies in Brazil, a theme that is not widespread or associated with so much together, but that it has an implication in the reality of the Brazilian society, considering the effects of the decisions that are taken by the Public Power.

RESULTS: From a critical analysis and under a constitutional bias, it was possible to infer that the intention behind PL No. 2633/2020 may converge with those used by the creators and disseminators of misinformation, using the pretext that they seek to facilitate land regularization in the Amazon region, when in reality, they cover up the violation of environmental laws and allow the occurrence of land grabbing. In addition, it was identified that misinformation is just one of the symptoms that make up the serious crisis of confidence in institutions, such as the government, the press, science, including the people themselves in this post-truth era, and in the present study, we sought to highlight the impact of achieving the implementation of environmental public policies in this increasingly critical scenario.

THEORETICAL / METHODOLOGICAL CONTRIBUTIONS: Through the study carried out, it was identified that the main theoretical and/or methodological implications are related to fake news, in the context of the phenomenon of post-truth, as one of the causes in the influence of mass society and the decisions that can be taken within the Public Power, as well as its various implications.

 

Author Biographies

  • Nelson Camatta Moreira, Faculdade de Direito de Vitória (FDV), Vitória, ES, Brasil.

     

     
  • Antônio Leal de Oliveira, Faculdade de Direito de Vitória (FDV), Vitória, ES, Brasil.

    Doutor em Direito Público pela Université Paris Nanterre (França) e doutor em Teoria do Estado e Direito Constitucional pela PUC-Rio. Mestre em Direito Público pela UERJ. Membro do Grupo de Pesquisas Teoria Crítica do Constitucionalismo (CNPq-FDV) e da Rede de Estudos Benjaminianos (REB). Professor da Faculdade de Direito de Vitória (FDV-ES).

  • Robertha dos Santos Peixoto, Faculdade de Direito de Vitória (FDV), Vitória, ES, Brasil.

    Graduanda em Direito na Faculdade de Direito de Vitória (FDV-ES). Pesquisadora do Grupo de Pesquisa CNPq Teoria Crítica do Constitucionalismo da FDV.

Published

2021-09-19

Issue

Section

Articles

How to Cite

Effectiveness of public environmental policies in the era of (dis)information. Guanambi College Law Journal, Guanambi, v. 8, n. 02, p. e342, 2021. DOI: 10.29293/rdfg.v8i02.342. Disponível em: https://portaldeperiodicos.animaeducacao.com.br/index.php/RDFG/article/view/13960.. Acesso em: 3 jul. 2024.