Ecological judicial governance: the role of the constitutional courts of Brazil and Portugal in environmental protection

Amministrazione giudiziale ecologica: il ruolo delle corti costituzionali di Brasile e Portogallo nella protezione ambientale

Abstract

Amministrazione giudiziale ecologica: il ruolo delle corti costituzionali di Brasile e Portogallo nella protezione ambientale - As the Constitutional Courts expand their roles in adjudicating controversial cases, this research aims to study the constitutional jurisdiction in Brazil and Portugal, concerning the actions taken by their Constitutional Courts on the matter of environmental protection cases. The role of Constitutional Courts is different over the years and specially over the countries, depending on each reality and legal culture. Brazil and Portugal share certain cultural, historical, social and, consequently, legal affinities. Among the similarities, environmental protection is one of them, as it is expressly present in the texts of both current Constitutions. Thus, it is intended to study the constitutional protection of the environment in both countries; the theory of “Ecological Judicial Governance”; how the judicial review works in both countries; then, to analyze decisions of the Constitutional Courts in environmental protection to verify the possible existence of an “Ecological Judicial Governance” in those countries, selected because of the strong relation between them, as the Brazilian Court – and constitutional system in general – was influenced by the Portuguese. Methods studies on bibliography, constitutional text, and jurisprudence.

Keywords: Environmental protection; Ecological judicial governance; Brazil and Portugal.