Environmental judicial protection: a civil or an administrative protection? | 2015

Author(s) Maria Eduarda Varzim Berrance
Advisor(s) Wladimir Brito
Year 2015

Synopsis The aim of this study is to analyze the complexity of the legal protection of the right to the environment, from the point of view of its characteristics and the Portuguese and international judicial systems. At first, we propose a new interpretation of the right to the environment enshrined in the Portuguese Constitution, in order to better understand it. Secondly, we examine the legal protection offered by the private and the public law, outlining the distinguishing features of the environmental law. In Part II of this study, thoroughly looking into the judicial protection of the environment, we start by drawing the characteristics of the environmental litigation, demonstrating its civil and administrative aspects. Subsequently, we question the Portuguese judicial organization in order to operate a proper protection of the environment and we analyze the possibility of creating a specialized environmental court, balancing its advantages and disadvantages and studying others examples of foreign legal systems. At last, we also examine the possibility of creating an international environmental court and the advantages of a global judicial protection.

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