Revista Eletrônica do Curso de Direito da UFSM (Aug 2018)

THE INFLUENCE OF MULTILATERAL ENVIRONMENTAL TREATIES RELATED TO CLIMATE IN THE EFFECTIVENESS OF ENVIRONMENTAL LAW IN BRAZIL

  • Lauren Lautenschlager,
  • Marcelo Dias Varella

DOI
https://doi.org/10.5902/1981369430027
Journal volume & issue
Vol. 13, no. 2
pp. 722 – 753

Abstract

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This article aims to analyze the relationship between the content of the multilateral environmental treaties related to the climate ratified by Brazil and the public policies carried out. Our hypothesis is that the more specific the treaty is in its obligations and the greater are the efforts of international negotiators to write a more consistent text, the greater and more effective is the normative-institutional Brazilian production on the same subject. A matrix was constructed for analysis composed by criteria of effectiveness that will be applied both in the treaties, norms and institutions created by the Brazilian government. It is concluded that the international environmental texts ratified by Brazil exert a great influence on the Brazilian public environmental policies, demanding a similitude in the positive application of the criteria, because only in this way Brazilian law can make the environmental treaty effective in the domestic plane.

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