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An Overview of Environmental Justice in Brazil Cover
Open Access
|Dec 2022

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.

DOI: https://doi.org/10.2478/bjals-2023-0003 | Journal eISSN: 2719-5864 | Journal ISSN: 2049-4092
Language: English
Page range: 27 - 50
Published on: Dec 16, 2022
Published by: Birmingham City University
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Ricardo Perlingeiro, Luísa Silva Schmidt, published by Birmingham City University
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.