environmental law
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Legal fragmentation and global environmental law
This scientific research report has the general objective of contextualizing the appearance of a Global Environmental Law in the scenario of legal fragmentation between Law and non-Law norms. Specifically, it has three other objectives, namely: (1) to examine the process of legal fragmentation brought about by globalization and transnationalism; (2) to identify the law and non-Law frameworks; and
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Estado democrático de direito ambiental: incorporação dos princípios de direito ambiental / Democratic state of environmental law: incorporation the principles of environmental law
A alteração de comportamento econômico, social e ambiental propiciada pelos avanços científicos e tecnológicos a partir do desenvolvimento industrial resultou na instalação de uma verdadeira crise ambiental. Tal crise revelou-se em problemas ambientais de ordem mundial. Diante de tais problemas ambientais mundiais, surgem novos desafios à democracia, que orientam a busca de um Estado Democrático...
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Pesticide and socio-environmental law: understanding of brazilian Supreme Court
Agrotoxic is a transdisciplinary theme that also permeates a social and human science of Law and presents a social, an economic and an environmental dimension.The Federal Constitution of 1988 innovates by explicitly consecrating the right to an ecologically balanced environment, (which is) a good of common use of the people and essential to a healthy quality of life, attributing to the public...
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International environmental law and global environmental governance: southern influences
The purpose of this article when it discusses the southern approaches brought to global governance gets mixed with the addressing of the challenges facing the legal science in harmony with the others sciences to deal with the complex environmental issues of the 21st century. Thinking of a successful international environmental regulation is talking about an effort to understand the need for the...
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International environmental law and global environmental governance: southern influences
The purpose of this article when it discusses the southern approaches brought to global governance gets mixed with the addressing of the challenges facing the legal science in harmony with the others sciences to deal with the complex environmental issues of the 21st century. Thinking of a successful international environmental regulation is talking about an effort to understand the need for the...
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Revising environmental law through the paradigm of governance
This article analyzes the Brazilian environmental normative production and its lack of effectiveness and efficiency under the dominion of symbolic power. Besides being the environment a common good the ones who have the competence to rule about it are very few public offices. The result is a constrained rule of law unable to encompass the complexity of the environmental challenges, and a lack of...
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The sustainable development goals and international environmental law: normative value and challenges for implementation
This article explores the implications for international environmental law of the adoption of the Sustainable Development Goals (SDGs), which occurred at the 2015 United Nations Sustainable Development Summit. Following a summary of the main outcomes of the Summit, the paper evaluates the process and vision of the SDGs against both the Millennium Development Goals (MDGs) and the past efforts of...
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Environmental law & competition law: conflicts & complementarities from an environmental economics perspective
The aim of this paper is to evaluate whether environmental restrictions or requirements are considered in competition law. Common sense conceives that a company that bears costs of complying with environmental requirements experiences increased costs and seeks to transfer it to the prices of its products. A possible consequence of this behavior is its effects upon the competitive position of the...
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The precautionary principle in the brazilian environmental law
The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and...
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Offshore wind farms in the environmental law of the seas
This article aims to inaugurate the discussion surrounding the Brazilian environmental regulation of the offshore wind farms. Although it is a renewable source of energy with a growing prominence in the international scenario, from the environmental point of view it is still uncertain which are the dimensions of the impacts on marine wildlife caused by the installation and operation of an...
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The paradox of development: environmental law and common goods in capitalism
We can note the advanced stage of the process of globalization and homogenization of the world, which has in the global development project a strategic instrument. However, development is a contradictory concept whose limits are exposed by critical perspectives, a fundamental reflection, since it is the developmental discourse conceived within the capitalist logic and have as consequences the...
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Environmental law and sustainable development: an analysis of the judicialization of social relations
This article treat about the judicialization of social relations, specifically on the judicialization of environmental conflicts and the treatment of the concepts of sustainable development and the relation with the rights of nature. The analysis carried out takes as reference decisions issued by the Federal Supreme Court of Brazil in the period after the Federal Constitution of 1988. Three...
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Inaplicabilities of the law in the amazon: for an urban environmental law of the amazon and not in the Amazon
This article aims to demonstrate the partial inapplicability of the legal framework of urban environmental law in the Amazon, since the concepts oh this legal discipline derive from Brazil´s south-central-west reality, which disregard Amazonian communities and their socio-environmental way of life. It used as an argumentative basis the reflections of Bourdieu, especially the concept of field and...
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The state of social and environmental law as a condition of possibility intended for the guarantee of the future
The present work aims to discuss the possibility and preconditions for the construction of a Socio-environmental Law State as a basis for the transformation of the juridical-social conjuncture, so that this new state adjectivation promotes a re-signification of what is understood by social and environmental vulnerability. jjIn addition, also as an objective, we will discuss, from the conception...
- British environmental law within the brexit perspective: an analysis of main problems and desirable solutions
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Inferences on the brazilian environmental crimes law in comparison with the Colombian Criminal Code
Environmental topics have not borders, involve the understanding and interpretation of environmental laws in different countries and cultures. The objective of this research was to analyze the interpretative similarities and differences of environmental criminal laws of Brazil and Colombia, through a comparative study of the Brazilian Law of Environmental Crimes and the Colombian Criminal Code....
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Revising environmental law through the paradigm of governance
Este artículo analiza la producción normativa ambiental brasileña y su falta de eficacia y eficiencia bajo el dominio del poder simbólico. A pesar de ser el medio ambiente un bien común, aquellos que tienen competencia para regularlo son sólo entes políticos. El resultado es un Estado de Derecho constreñido incapaz de abarcar la complejidad de los desafíos ambientales y la falta de indicadores...
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The symbolic function of environmental law: considerations on the theme 30 years after the 1988 constitution
The symbolic function of the Environmental is a present and critical subject. For this reason, there is an urge to revisit the theme, 30 years from the Constitution of 1988. The present text opens the debate around the many definitions of symbolic, regarding the work “the symbolic constitutionalization” from Marcelo Neves. The next subject is dedicated to presenting and up-to-date reading of the...
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Direito urbanístico e regularização fundiária / Urban law and environmental regularization
A pesquisa aborda a temática da regularização fundiária no Brasil, tendo como base o Estatuto da Cidade (Lei 10.257/2001), o Estatuto das Metrópoles (Lei 13.089/2015), a Lei do Minha Casa Minha Vida (Lei 11.977/09) e as recentes alterações da Lei 13.465/17. No estudo, pelo método dedutivo, percebe-se como a ocupação desenfreada das cidades, somada à falta de planejamento do governo para a questão
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Mediation as a method of solving environmental conflicts under the law 13. 105/2015
The present article intends to investigate in which cases and what are the conditions to be observed so that the mediation can be applied to the solution of socioenvironmental, preventive and repressive conflicts, based on the Federal Constitution and the infra-constitutional legislation pertinent to this matter. To do so, access to justice will initially be approached as one of the foundations...
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A Proteção Ambiental no Superior Tribunal de Justiça: protegendo o meio ambiente por intermédio da operacionalização do Estado de Direito Ecológico
Within the context of risk society and its delocalized, incalculable and noncompensable global risks, environmental controversies have become increasingly complex. Within this scenario, the Brazil’s High Court (STJ, acronym in Portuguese) stands out as it has been recurrently applying environmental hermeneutics’ principles and strategies on its decision-making process and clarifying controversies
. http://dx.doi.org/10.5007/2177-7055.2017v38n77p29 . Environmental Protection in Brazil’s High Court: safeguarding the environment through a Rule of Law for Nature . A Proteção Ambiental no Superior Tribunal de ... - Environmental Law Newsletter
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La tutela giuridica dell'acqua quale connessione fra il diritto ambientale e sanitario / The legal guardianship of water as coupling between environmental and health law / A tutela jurídica da água como acoplamento entre o direito ambiental e sanitário
Questa ricerca presenta un approccio relativo all’identificazione di come avviene la connessione strutturale fra le operazioni dei Sottosistemi Giuridico Ambientale e Giuridico della Salute del Sistema Giuridico Brasiliano. A tal fine, è stata utilizzata l’acqua di qualità e potabile per il consumo umano come operazione per comprendere se avvengano irritazioni fra le strutture dei riferiti...
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A review of brazilian Bill N. 6,299/2002 on pesticide regulation and its impacts on food security and nutrition
Brazilian legislative proposal n. 6,299/2002, addressing pesticide regulation, represents an attempt to loosen and weaken the regulation of these substances, threatening the rights to food and a healthy environment as enshrined in the Constitution of the Federative Republic of Brazil. This article reviews the bill and its more troublesome provisions through the lenses of food security and...
...Master's degree in Law, State and Society from UFSC. Bachelor of Laws from UFSC. Visiting Researcher at ZALF. Researcher at the Environmental Law and Political Ecology in the Risk Society Research Group (GPDA / UFSC). Member of the Expert Committee of Halte à l'Obsolescence Programmée ... -
Reflexões Sobre a Análise Econômica do Direito na Seara Ambiental / Reflections on the Economic Analysis of Environmental Law
Análise Econômica do Direito (AED) aplicada nos casos de Direito Ambiental sob a ótica dos Direitos Fundamentais, por meio de uma abordagem contextualizada que reconheça a realidade fática dos Direitos Ambientais, observando também as decisões judiciais. Meio ambiente sadio é um direito fundamental. Palavras-Chave: Direito ambiental- direitos fundamentais