Supreme Court’s Environmental Case Law

Authors

  • Catarina Dacosta Freitas FGV-Direito Rio
  • Rômulo S. R. Sampaio FGV-Direito Rio
  • Patrícia Pinheiro Sampaio FGV-Direito Rio

DOI:

https://doi.org/10.18836/2178-0587/ealr.v4n1p181-220

Abstract

This paper presents the results of a quantitative and qualitative survey of Brazilian Supreme Court environmental case law in order to identify the main controversial environmental constitutional issues. After presenting the methodology for selecting and classifying and the cases, each decision is analyzed to present STF’s main decisions in environmental issues. The results indicate that the Supreme Court is not limited to a literal interpretation of the Constitution. It tries to strike a balance between provide effectiveness to constitutional environmental norms and protecting the Separation of Powers, the Federative Pact and civil rights, like property.

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Published

2013-08-19

Issue

Vol. 4 No. 1 (2013): Economic Analysis of Law Review

Section

Papers

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