- Title
- Princípio 8º da declaração Mundial Sobre o Estado de Direito Ambiental: A imprescindibilidade da participação democrática no processo decisório ambiental para a concretização de um Estado de Direito Ambiental Democrático
- Creator
- Edler, Gabriel O. B.; Aydos, Elena de L. P.
- Relation
- Estado de Direito Ecológico: Conceito, Conteúdo e Novas Dimensões para a Proteção da Natureza p. 697-725
- Publisher
- Instituto O Direito por um Planeta Verde
- Resource Type
- book chapter
- Date
- 2017
- Description
- In April 2016, the International Union for Conservation of the Nature (IUCN) World Commission on Environmental Law, the United Nations Environment Programme, the Organization of American States, the International Association of Judges and other key partners hosted the First World Congress of Environmental Law in Rio de Janeiro, Brazil and adopted the World Declaration on the State of Environmental Law (The Declaration). The Declaration marks an important step towards the development of the concept of a State of Environmental Law. The Declaration contains 11 principles, of which the 8th states that “The inclusion of minority and vulnerable groups and perspectives across generations shall be actively addressed with regard to access to information, open and inclusive participation in decision-making, and access to justice.” This paper argues that principle 8 must be interpreted in the light of theories of participatory and deliberative democracy. The participation of vulnerable groups, particularly those affected by the public policies that concern the ecological spaces occupied by them, is essential for the realization of this principle. The proposed approach builds on fundamental concepts and relationships, including the notion of deep ecology, the need to disconnect the concept of sustainability from its merely economic interpretation and the urgency of reconstructing the mechanisms of popular participation through deliberative democracy and the inclusion of vulnerable social groups. In Brazil, groups called minorities, although often comprising the majority of population, are being put aside from the decision-making processes. Their specific needs and the knowledge they hold of the Environment in which they are inserted has not been taken into account. In order to achieve an actual Environmental Rule of Law, the State must be democratic, it must recognize not only of the existence, but also the inherent decision-making authority, of the interested minority and vulnerable groups, allowing them space for debate and capacity to take decisions and participate in the implementation of environmental public policies.
- Subject
- environmental law; Principle 8; ecology; sustainability; democracy; IUCN
- Identifier
- http://hdl.handle.net/1959.13/1400777
- Identifier
- uon:34811
- Identifier
- ISBN:9788563522412
- Language
- PO
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