The material dimensions of the effectiveness of environmental jurisdiction

Authors

  • Paulo Marcio Cruz Universidade do Vale do Itajaí
  • Zenildo Bodnar Universidade do Vale do Itajaí

DOI:

https://doi.org/10.4013/rechtd.2014.62.04

Abstract

This article critically evaluates the access to justice and the material dimensions of the effectiveness of environmental jurisdiction in the current risk society. For this it analyzes the structural principles of environmental jurisdiction and reflects on an environmental judicial hermeneutics adequate for the protection of environmental goods and especially for the allocation of liability and for the control of the behavior of Public Administration. It concludes that environmental jurisdiction must be based primarily on solidarity and sustainability, and that the construction of the just decision for the particular case requires a systemic and holistic view, a concern about the future and particular social and environmental sensitivity. This article was developed with use of the inductive method.

Keywords: environmental jurisdiction, environment, access to justice.

Author Biographies

Paulo Marcio Cruz, Universidade do Vale do Itajaí

Zenildo Bodnar, Universidade do Vale do Itajaí

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Published

2014-04-22

Issue

Vol. 6 No. 2 (2014): July/September

Section

Articles

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