Os direitos de acessos em matéria ambiental e sua efetividade: o meio ambiente digital no futuro acordo regional sobre o Princípio 10

Abstract

Abstract : The objective of this article was to present and discuss the so-called environmental access rights, which are foreseen in the future Regional Agreement on Principle 10 of the Declaration of Rio de Janeiro (on Access to information, Participation and to Justice in Environmental Matters), which is being elaborated since 2012 by Latin American and Caribbean countries. This instrument could, once completed and ratified, be a new legal tool for the exercise of human rights in environmental matters. The effectiveness of the three pillars of the future treaty can be expanded by the digital revolution and by the introduction of virtual tools. For this reason the future agreement already includes in its articles different digital instruments. This paper was written from a qualitative research, with theoretical and normative profile, adopting the theoretical guidelines of Environmental Democracy, and using as research techniques documental analysis and bibliographical review. The primary research sources are documents from the Environmental Law in the field of International and Communitarian Law, especially those referring to digital environment. As partial results of the research, considering the prediction of the future Regional Agreement approval to the end of 2017, it is identified a clear indicative of the formulation of a normative paradigm and an ethical referential in the construction of an environmental democracy in Latin America and in the Caribbean Countries, as well as a digital environmental democracy, which institute new human rights and bring the respective mechanisms of effectiveness. Keywords : Human rights. Environmental access rights. Digital environment. Regional Agreement on Principle 10. Efficacy-effectiveness.