Revista de Direito e Sustentabilidade (Dec 2016)

Environmental Public Policies: Legalization and Judicial Activism for Sustainable De-velopment

  • Belinda Pereira Cunha,
  • José Irivaldo Alves O. Silva

DOI
https://doi.org/10.26668/IndexLawJournals/2525-9687/2016.v2i2.1306
Journal volume & issue
Vol. 2, no. 2
pp. 165 – 187

Abstract

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This article analyzes the phenomenon of judicialization of environmental public policies, from the "lens" judicial activism, making sure that we can include the existence of this phenomenon in the treatment of these policies. In our post-modern era we have seen increasingly the role of the judiciary. Thus, we intend to address this issue of judicial activism against such contemporary issues as the environment, seeking to understand how the judiciary behaves in relation to environmental issues, which no longer has time to waive or give up the protection of natural resources and compliance with the principle of sustainable development.

Keywords