A (in) efetividade do direito ao meio ambiente ecologicamente equilibrado e seus reflexos sobre a concretização do direito social ao trabalho: um estudo de caso relacionado à pesca artesanal na Orla Lagunar de Pelotas-RS

Abstract

This research was developed in the Graduate Program in Law at the Federal University of Pelotas – PPGD/UFPel, along with the State and Constitution research line, under the guidance of Prof. Dr. Marcelo Nunes Apolinário. The study brings as a backdrop the Orla Lagunar de Pelotas-RS, which has as its center of human relations the Lagoa dos Patos, the largest “strangled” lagoon in the world, which connects to the ocean through a channel, where the marine water mixes with fresh water from land areas. From the analysis of the data collected through the combination of bibliographic research and empirical research involving the artisanal fishing community that inhabits this locality, this investigation presents results capable of demonstrating that the inefficient performance of the Public Power in socio-environmental matters consolidates the lack of effectiveness of the Law to the Ecologically Balanced Environment in the studied region, which reflects in prejudice to the realization of the Social Right to Work related to artisanal fishing of this population. In order to carry out the study, both the inductive and empirical approaches were used, starting from the observation of a particular situation to arrive at a broad conclusion. The type of research employed is qualitative, with the intention of obtaining in-depth and illustrative information that allows seeing the object of study in its complexity. As procedures, the techniques of bibliographic and legislative research and field research were adopted, the latter based on semi-structured interviews. For data interpretation, content analysis was used as a methodological technique. This study is justified by its social relevance, its regional insertion and its academic importance, seen in the elaboration of na unprecedented legal reasoning, aimed at delimiting concrete data useful for making well-founded public decisions, for the construction of effective and committed environmental public policies. with the achievement of the human dignity of the population that occupies the investigated region.