CHALLENGES AND PERSPECTIVES FOR THE JURISDICTIONAL PROTECTION OF THE URBAN ENVIRONMENT

• Autor(a) principal: Brandelli, Ailor Carlos
• Data de Publicação: 2021
• Outros Autores: Lunelli, Carlos Alberto, Prieur, Julien
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Opinião Jurídica (Fortaleza)
• Texto Completo: https://periodicos.unichristus.edu.br/opiniaojuridica/article/view/3792
• topic: Environment; Ideology; Jurisdiction; Urbanism; Ambiente; Ideología; Jurisdicción; Urbanismo; DIREITO; DIREITO AMBIENTAL; PROCESSO AMBIENTAL; DIREITO URBANÍSTICO; Ambiente; Ideologia; Jurisdição; Urbanismo

Objective: The object of this article is to analyze the urban environment and its facets, through a historical snippet that goes from the Industrial Revolution to the recognition of its protection in the Constitutional Charter of 1988 and the subsequent City Statute. It observes the ideological obstacles to environmental protection, present in both political and legal fields, imposing the need to promote instruments for their judicial protection.Methodology: The research presented is based on the hermeneutic method, a method of understanding, proper and suitable for scientific research in the sciences of the spirit. The method used for the procedure is the monographic one, by the technique of research in bibliographic and documentary sources, particularly, exploring works and authors that address the protection of the environmental assets and Urban Law. The research techniques included the bibliographic review and the production of reviews and records, by observing the trilogy of manuals, specific works and scientific articles.Results: It’s demonstrated that the existence of constitutional and ordinary laws standards capable of protecting the urban environment are ineffective, since they depend on political and judicial decisions, which sometimes understand differently the finitude of resources and the environmental protection desired by society, which demands a new approach, able to carry out the claims in favor of the environmental resources.Contributions: The approach identifies that the effectiveness of the environmental protection of urban environments is, still, one of the greatest challenges of humanity in this century, since protecting the environment is to guarantee the maintenance of life and social relations.