Responsabilidade civil ambiental em paralelo: contextos normativo-regulamentar e social no Brasil, Áustria e Suíça
Author(s) -
Lorena Machado Rogedo Bastianetto,
Élcio Nacur Rezende
Publication year - 2016
Publication title -
revista de estudos constitucionais hermenêutica e teoria do direito
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.131
H-Index - 2
ISSN - 2175-2168
DOI - 10.4013/rechtd.2016.81.09
Subject(s) - humanities , political science , philosophy
The environment as a legal asset and the juridical remedy for its breach have distinguishably evolved in European agreements and domestic law in comparison to Brazil’s legal system, despite of the harmonizing goal of the declarations and treaties emanated from supranational organizations. The juridical standard designed by this international approach pursues correspondence and exchangeability between nations of the globe, in spite of the obvious discrepancies in the social and environmental agendas of developed and developing countries. The quality and quantity of the legal production connected to the environment in Brazil, Switzerland and Austria declare a relevant association with community bonds. In this paper, deductive reasoning as well as qualitative and comparative methodologies were used in the compilation of all international norms and domestic laws and acts of each examined state. The major objective is to reveal Brazil’s reality in comparison to the Austrian and Swiss contexts, show relevant data and perspectives in relation to the asymmetry of juridical and collective cohesion and provide a refl exive construction on common and collective assets. Keywords: liability, environment, International Law.
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