ENVIRONMENTAL RACISM AND SOCIO-ENVIRONMENTAL INEQUALITY: STATE OMISSION IN THE FACE OF THE CONSTITUTIONAL RIGHT TO A BALANCED ENVIRONMENT

Abstract

Environmental racism consists of the unequal distribution of environmental risks and impacts, which disproportionately affect historically vulnerable populations, especially Black communities, Indigenous peoples, and low-income populations. The concept emerges within discussions on environmental justice and highlights how political, economic, and urban decisions frequently result in the concentration of polluting activities, lack of basic sanitation, and environmental degradation in territories occupied by socially marginalized groups. In Brazil, this phenomenon manifests itself in contexts such as the location of landfills, lack of urban infrastructure, exposure to industrial pollution, and environmental disasters in areas predominantly inhabited by vulnerable populations. From a legal perspective, such situations reveal possible violations of the fundamental right to an ecologically balanced environment, provided for in Article 225 of the Federal Constitution of 1988, as well as the principle of substantive equality. In this context, this article analyzes environmental racism in Brazil from a constitutional perspective, focusing on state omission in the implementation of public policies capable of ensuring environmental protection in an equitable manner. The research adopts a bibliographic methodology and constitutional legal analysis, seeking to understand how insufficient state action contributes to the maintenance of socio-environmental inequalities. It is concluded that addressing environmental racism requires effective public policies, adequate environmental oversight, and the incorporation of the principle of environmental justice in the formulation of state policies.