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The Brazilian Supreme Court and the environment

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Caroline Medeiros Rocha
Total Authors: 1
Document type: Master's Dissertation
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD)
Defense date:
Examining board members:
Luís Virgílio Afonso da Silva; Ana Maria de Oliveira Nusdeo; Paulo Eduardo Alves da Silva
Advisor: Luís Virgílio Afonso da Silva

This paper aims to assess the set of decisions taken under judicial review process by the Federal Supreme Court in environmental matters. To this purpose it was used as an evaluation method concepts of the Theory of Fundamental Rights written by Robert Alexy, since this is frequently mentioned by the judges. To this end it was selected twenty decisions that met the search criteria. They were separated into groups, in which the right to an ecologically balanced environment appears in conflict with: right to culture, the right to property; principle of free enterprise, and the principle of national development. After the partial conclusions drawn on each of the conflicting rights, the set of decisions as a whole was analyzed. In this opportunity it was developed a map of the most common agents in the of judicial review process in environmental matters, as well as it was stablished patterns in the judges` votes, denying the existence of conflicts between the environment and other fundamental rights. (AU)

FAPESP's process: 10/04107-6 - The Supreme Federal Court and the Environment: A case study research of judicial review in matters of direct competence of the Supreme Court
Grantee:Caroline Medeiros Rocha
Support Opportunities: Scholarships in Brazil - Master