A influência dos tratados ambientais multilaterais relativos à biodiversidade na efetividade do direito ambiental no Brasil
This study aims to analyze the relationship between the content of multilateral environmental treaties ratified by Brazil between 1990 and 2016 regarding biodiversity and the effectiveness of Brazilian environmental protection. It is based on the hypothesis that the more specific the treaty in its o...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2018
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6786465 |
| Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 14, Nº. 2, 2018 (Ejemplar dedicado a: Revista Brasileira de Direito. Mai-Ago/2018.), pags. 113-134 |
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| Summary: |
This study aims to analyze the relationship between the content of multilateral environmental treaties ratified by Brazil between 1990 and 2016 regarding biodiversity and the effectiveness of Brazilian environmental protection. It is based on the hypothesis that the more specific the treaty in its obligations the greater and more effective is the normative-institutional Brazilian production in the same subject. We created an analysis matrix composed by criteria of effectiveness that will be applied in the normative-institutional set related to the theme. It is concluded that the international environmental texts ratified by Brazil exert a great influence on the enviromental public policies on domestic level. This requires a similarity in the positive application of the criteria in the global and national scope since only in this way Brazilian law can make the environmental treaty effective at the domestic level. Multilateral environmental treaties are effective because they induce the production of norms and creation of institutions at the domestic level with proportional efficiency to the international level. |
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