The principle of the best interests of the child as a basis for environmental sustainability

Abstract

This article analyzes the principle of the best interests of the child as a bulwark for the incidence of environmental sustainability. Initially, the origin of the principle of best interests is addressed, covering international acts and domestic legislation. It also emphasizes the relevance of sustainability to ensure quality of life for present and future generations, since it is not unknown that the duty of environmental protection is directed at the State, companies and society. The study addresses sustainability in its various dimensions (social, ethical, environmental, economic and legal-political), since sustainable development requires effective public policies that unite these dimensions in favor of collective well-being. Despite the importance of an ecologically balanced environment, it has not been raised as an absolute priority with regard to issues affecting children and adolescents. However, using the principle of the best interests of the child, which states that minor interests take precedence over their protection and enjoyment of rights, and after brief considerations about the classic methods of interpretation, it is argued that although article 227 of the Federal Constitution and article 4 of the Statute of Children and Adolescents do not expressly mention it as a priority right, this finding is the result of a systematic interpretation of the legal system.