Proteção das futuras gerações e o papel da advocacia pública

Abstract

The debate concerning the interests of future generations and the possible obligations imposed upon the present generation emerged in the late twentieth century as a new paradigm of inquiry within philosophical thought, due to technological progress, the growing impact of human action on society and nature, and the long-lasting effects of such actions over time. These concerns were subsequently carried into the legal domain, particularly into the dogmatics of fundamental rights. Beyond the material (content-related), formal (means of positivization), and spatial (scope of application) dimensions, the temporal dimension of fundamental rights – especially regarding their recognition and projection toward future generations – came to be examined. The thesis begins by reconstructing the historical, ethical-philosophical and legal underpinnings of the protection of future generations. It then analyzes, within the field of legal dogmatics, fundamental rights and international human rights norms from an intergenerational perspective, with particular emphasis on the legal feasibility of granting rights to future generations, the existence of temporally diffuse fundamental rights and the identification/delineation of intergenerational legal principles. The work then turns to the applied legal sphere, examining how intergenerational considerations shape the Brazilian Federal Constitution of 1988 and human rights norms, primarily in the areas of environmental law, financial law, social protection systems and sustainable development. Finally, the thesis seeks to define the institutional role of Public Advocacy (Advocacia Pública) and its connection to the protection of future generations, underscoring its functions in safeguarding the objective dimension of fundamental rights, enabling public policies and protecting the state apparatus responsible for implementing these rights