Judicialization of the environment in the Covid-19 Pandemic: an analysis of the decisions of the Brazilian Federal Supreme Court
This article analyzes how the Federal Supreme Court decided controversies about the environment in the Covid-19 Pandemic, during the first twenty-four months of the health crisis. Theoretical research was carried out in qualitative bibliography; and, empirically, through documentary investigation in...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | Brasil |
| Institución: | Pontifícia Universidade Católica do Paraná (PUC-PR) |
| Repositorio: | Revista de Direito Econômico e Socioambiental |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.pucpr.br:article/29381 |
| Acceso en línea: | https://periodicos.pucpr.br/direitoeconomico/article/view/29381 |
| Access Level: | acceso abierto |
| Palabra clave: | Brazilian Federal Supreme Court; environment; Covid-19; judicialization; socio-environmental rigths. Supremo Tribunal Federal; meio ambiente; Covid-19; judicialização; direitos socioambientais. |
| Sumario: | This article analyzes how the Federal Supreme Court decided controversies about the environment in the Covid-19 Pandemic, during the first twenty-four months of the health crisis. Theoretical research was carried out in qualitative bibliography; and, empirically, through documentary investigation into the court's jurisprudence. The data found was treated using a multimethod approach. Eighty-three decisions were found, but only 33 of them were based on socio-environmental rights. In most of these, the principles of precaution and prevention were used. There was no paradigmatic change in the STF's decisions on environmental controversies, despite having served to reaffirm the court's consolidated jurisprudence and point out possible future readings on the environmental agenda. |
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