Within the framework of the constitutional discussion, this paper aims to address the innovations and the scope contemplated in the model of «active legitimacy» in environmental issues, proposed by the 2022 Constitutional Draft. For this purpose, the main institutions that give a broad and collective understanding of the environment, within the framework of a social rule of law, will be examined. The main aspects that will be analyzed refer to the procedural mechanisms of collective environmental protection, the possibility of protecting the interest of future generations, and the creation of a public body for the protection of the environment. These discussions are framed within the challenges and critical knots presented by environmental litigation. Finally, some recommendations are presented on the analyzed aspects, on the occasion of an eventual new constituent process