The Fundamental Right to the Environment in the Ibero -American Context : Brazil and Spain

Initially, this paper discusses the environment as a fundamental right, based on his- torical documents and legal and philosophical analysis. Then focuses on the fundamental right to environment in Ibero-American context, more specifically with Brazil and Spain. Thirdly, this paper characterizes democracy as of Jürgen Habermas, as the regime whi- ch allows the coexistence of different discourses and the active participation of society, which allows the construction of the fundamental right to environment, the care for the environment and its relationship with the dignified life guaranteed by the Constitution