A proteção institucional-normativa e jurisdicional do meio ambiente no Mercosul

Abstract

The paths taken by Mercosur's regional integration have encountered arduous challenges in terms of governance, protection and regulation of the environment. In this context, a series of interdisciplinary issues influence the development and advancement of integration, especially with regard to the binomial trade and environment. From this scenario, we have the following research question: Considering the implications in the scope of the Southern Common Market and the economic context in which it was developed, to what extent does the environmental protection occur within the scope of Mercosur from an institutional, normative and jurisdictional analysis? Thus, the general objective of this research is to investigate how the treatment given to the environment is developed, so that, through Mercosur's legalinstitutional view, understand the challenges faced by Environmental Law in the context of the international organization of Mercosur. The research is presented and developed from three specific objectives: (a) to investigate how Mercosur treats the environment institutionally, that is, how the bodies that make up Mercosur deal with the protection and environmental regulation, in a way that is more incipient or more transforming; (b) analyze Mercosur Law in regards to the regulation and protection of the Environment in the construction of a binding environmental agenda for the States Parties; (c) analyze how the Mercosur's Permanent Review Court, as the Legal Court responsible for the assessment of disputes between the States Parties, has acted on conflicts of an environmental nature and its jurisdictional results. The investigative methodology was adopted through the hypotheticodeductive learning method, and the technique of exploratory and bibliographic research. The conclusion is that the environmental legal protection in the scope of Mercosur reveals itself to be progressively protective of the environment, both in the bodies of the Mercosur Institutional structure and in the interpretation and application of the rules of Mercosur law by its Ad Hoc Arbitration Courts and by the Mercosur Permanent Review Court. [resumo fornecido pelo autor]