CRISE ENERGÉTICA E SOBERANIA CONSTITUCIONAL: DESAFIOS JURÍDICOS DO BRASIL DIANTE DAS EMERGÊNCIAS AMBIENTAIS GLOBAIS

The contemporary energy crisis, intensified by geopolitical conflicts and the global climate emergency, has rekindled debates on constitutional sovereignty, environmental justice, and the legal limits of Brazil's international insertion. Given the intensification of environmental emergencies and the growing pressure to decarbonize production matrices, significant challenges have emerged for the Brazilian constitutional order, especially with regard to the compatibility between development, environmental protection, and multilateral commitments. This article critically analyzes the relationship between the energy crisis and the constitutional order, investigating the legal foundations that guide the actions of the Brazilian State in the context of global climate governance. The research is qualitative in nature, based on a bibliographic review, normative analysis, and constitutional interpretation, focusing on the principles of the socio-environmental function, intergenerational justice, and national sovereignty. It was found that the absence of an explicit framework on the right to energy and the fragility of federative coordination limit the effectiveness of sustainable public policies. It is concluded that tackling the energy crisis in Brazil requires the consolidation of a cooperative environmental constitutionalism, capable of articulating sovereignty, inclusion and climate responsibility in the domestic legal system.

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Publication Details

Journal
Revista fisio&terapia.
Published
2025-08-15
DOI
https://doi.org/10.69849/revistaft/fa10202508152143
Primary Topic
Brazilian Legal Issues
Type
article
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article

CRISE ENERGÉTICA E SOBERANIA CONSTITUCIONAL: DESAFIOS JURÍDICOS DO BRASIL DIANTE DAS EMERGÊNCIAS AMBIENTAIS GLOBAIS

Gesanilton Fernando Ferreira de Carvalho
Revista fisio&terapia.
Brazilian Legal Issues
article

CRISE ENERGÉTICA E SOBERANIA CONSTITUCIONAL: DESAFIOS JURÍDICOS DO BRASIL DIANTE DAS EMERGÊNCIAS AMBIENTAIS GLOBAIS

Gesanilton Fernando Ferreira de Carvalho
article en

Abstract

The contemporary energy crisis, intensified by geopolitical conflicts and the global climate emergency, has rekindled debates on constitutional sovereignty, environmental justice, and the legal limits of Brazil's international insertion. Given the intensification of environmental emergencies and the growing pressure to decarbonize production matrices, significant challenges have emerged for the Brazilian constitutional order, especially with regard to the compatibility between development, environmental protection, and multilateral commitments. This article critically analyzes the relationship between the energy crisis and the constitutional order, investigating the legal foundations that guide the actions of the Brazilian State in the context of global climate governance. The research is qualitative in nature, based on a bibliographic review, normative analysis, and constitutional interpretation, focusing on the principles of the socio-environmental function, intergenerational justice, and national sovereignty. It was found that the absence of an explicit framework on the right to energy and the fragility of federative coordination limit the effectiveness of sustainable public policies. It is concluded that tackling the energy crisis in Brazil requires the consolidation of a cooperative environmental constitutionalism, capable of articulating sovereignty, inclusion and climate responsibility in the domestic legal system.

Revista fisio&terapia.Vol. 29(149)
Openalex Percentile: Top 65%
Brazilian Legal Issues
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