{"title":"An Overview of Environmental Justice in Brazil","authors":"R. Perlingeiro, L. Schmidt","doi":"10.2478/bjals-2023-0003","DOIUrl":null,"url":null,"abstract":"Abstract This article discusses environmental conflict resolution in Brazil in both the administrative and judicial spheres, with the aim of analyzing the configuration of the bodies in charge of such adjudication, the procedural instruments at their disposal, and the main types, grounds and effects of environmental claims. An overview of the Brazilian system is evaluated based on the criteria of judicial and extrajudicial due process in order to point out certain dysfunctions of environmental adjudication that compromise its effectiveness, such as the inadequacy of the procedural legislation and the poor quality of the resulting decisions; ways of strengthening the rights and guarantees provided to litigants by the administrative and judicial authorities are also proposed as a means of improving the performance of environmental adjudication.","PeriodicalId":40555,"journal":{"name":"British Journal of American Legal Studies","volume":"12 1","pages":"27 - 50"},"PeriodicalIF":0.2000,"publicationDate":"2022-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"British Journal of American Legal Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2478/bjals-2023-0003","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract This article discusses environmental conflict resolution in Brazil in both the administrative and judicial spheres, with the aim of analyzing the configuration of the bodies in charge of such adjudication, the procedural instruments at their disposal, and the main types, grounds and effects of environmental claims. An overview of the Brazilian system is evaluated based on the criteria of judicial and extrajudicial due process in order to point out certain dysfunctions of environmental adjudication that compromise its effectiveness, such as the inadequacy of the procedural legislation and the poor quality of the resulting decisions; ways of strengthening the rights and guarantees provided to litigants by the administrative and judicial authorities are also proposed as a means of improving the performance of environmental adjudication.
期刊介绍：
The British Journal of American Legal Studies is a scholarly journal which publishes articles of interest to the Anglo-American legal community. Submissions are invited from academics and practitioners on both sides of the Atlantic on all aspects of constitutional law having relevance to the United States, including human rights, legal and political theory, socio-legal studies and legal history. International, comparative and interdisciplinary perspectives are particularly welcome. All submissions will be peer-refereed through anonymous referee processes.
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