Linking sustainability to procedural law: procedural sustainability using Brazil as a paradigm
2023
Souza, Maria Cláudia da Silva Antunes de | Alves, Danilo Scramin | Real Ferrer, Gabriel | Universidad de Alicante. Departamento de Estudios Jurídicos del Estado | Derecho Ambiental
This paper seeks to establish a new model of linking jurisdiction and sustainability, especially through the recognition of procedural sustainability, using the Brazilian legal system for this purpose. The objective is centred on identifying how a new form of guaranteeing environmental protection by jurisdiction can be achieved if procedural law is redefined based on the idea of sustainability. To achieve this aim, an analysis was developed on sustainability, its connection with jurisdiction and its applicability to the human experience, to then develop a concept of procedural sustainability and apply it in Brazilian law. It emerged that procedural sustainability is already an implicit concern of Brazilian procedural law, but its confirmation and conformation are imperative to further leverage the effectiveness of sustainability. The research carried out was qualitative, with exploratory objectives, based on bibliography and legislation, using the inductive method.
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