THE COLLISION BETWEEN THE FUNDAMENTAL RIGHT OF HABITATION AND THE BALANCED ENVIRONMENT

Abstract

As prescribed by the the 1988 Federal Constitution, the right of habitation and of ecologically balanced
environment are fundamental rights which in a first view they don´t enter in conflict, that happens because
the wording of the constitutional norm is generic and without any limitation by providing a protected area
that has limits in the infra norms. The collision of fundamental rights raises up from this normative density,
which will have its validity analized in an examination of constitutionality based on systematic analysis of
the Constitution and the examination of proportionality. In this bond, the article aims to demonstrate the
solution form of the collision between the rights, based on defined steps that will explain the prevalence of
a right over another, in a proportional form, in order of the limitation to be the lowest possible.