THE PROHIBITION OF PLASTIC AND BIODEGRADABLE BAGS IN MANAUS A MATTER OF ENVIRONMENTAL CITIZENSHIP (Atena Editora)

Abstract

This work has as its theme the analysis of adequacy and constitutionality in the prohibition of plastic and biodegradable bags through municipal law in the city of Manaus, considering the high environmental impact of the unrestrained use of plastic bags and disposable products in general, thus, considering the possibility of replication of this normative instrument to other places, an attempt was made to point out possible risks of the norm produced in Manaus, mainly taking into consideration, the apparent conflict of constitutional principles such as protection of the environment, health, life, freedom and free enterprise. For the execution of the theme, the following objective was established: first, to analyze the concept of planetary citizenship, second, to contrast this principle with free initiative, third, to present considerations on the environmental problem of plastic bags and the use of disposable products in general and, fourth, to analyze the adequacy and constitutionality of the Municipal Law of Manaus, which prohibits the free sale and distribution of plastic bags in Manaus. To carry out the work, the deductive method was adopted, with bibliographical research and through the qualitative method. It was concluded that there is no hierarchy between principles, but that, analyzing the concrete case, it is possible to restrict the right to freedom and free initiative in favor of the protection of the environment, health and life and, consequently, consider adequate and constitutional the municipal law that prohibits the free sale and distribution of plastic bags and biodegradable bags in Manaus.