The guiding role of constitutional principles in interpretive activity: a study in light of environmental constitutional hermeneutics

Abstract

This article examines the guiding role of constitutional principles in the interpretative activity of Environmental Law in light of contemporary constitutional hermeneutics. Based on the recognition of an ecologically balanced environment as a fundamental right under the Brazilian Federal Constitution of 1988, the study investigates the normative function of environmental principles as interpretative vectors in the application of legal rules, particularly in cases involving conflicts between environmental protection and economic development. Rejecting a formalistic and mechanical model of interpretation, the paper adopts a principled approach, with emphasis on Ronald Dworkin’s theory and his understanding of the normative force of principles. It addresses the evolution of environmental hermeneutics, the balancing technique in hard cases, and the central role of the precautionary principle, sustainable development, and the prohibition of environmental retrogression. Through bibliographical and exploratory research, the study demonstrates that a structured and well-grounded application of constitutional environmental principles enhances legal certainty, argumentative rationality, and the effectiveness of environmental protection, ensuring intergenerational equity and the realization of human dignity.