REGULATING ENVIRONMENTAL SUSTAINABILITY THROUGH LITIGATION. A THEORETICAL AND PRACTICAL ANALYSIS.
REGULATING ENVIRONMENTAL SUSTAINABILITY THROUGH LITIGATION. A THEORETICAL AND PRACTICAL ANALYSIS.
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DOI: https://doi.org/10.22533/at.ed.2216622608045
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Palavras-chave: judicialização, meio ambiente, normas, conformidade, regulação.
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Keywords: judicialization, environment, norms, compliance, regulation.
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Abstract: This article examines the conceptualization of regulation and the evolution of its scope through a review of scientific literature. It then analyzes the emergence of regulation through judicial precedents and relates this phenomenon to the growing judicialization of environmental disputes. Finally, drawing on a limited but representative selection of cases involving actual and potential environmental harm, it compares these cases in order to identify their concrete effects and consequences for environmental sustainability. In doing so, the article evaluates environmental litigation as an emerging regulatory tool in the medium and long term.
- Patricio Cury Pastene