LITIGATION IN HUMAN RIGHTS AND ENVIRONMENT

EXPLORING CHALLENGES AND IMPACTS IN JUDICIALIZED PUBLIC POLICIES

Abstract

The intersection between human rights and the environment has garnered increasing interest in the legal field. Litigation in this context poses unique challenges, as it seeks to balance environmental protection with the assurance of fundamental rights for affected communities. This study aims to analyze the challenges and impacts of litigation in select cases involving human rights and the environment. The intent is to understand how courts approach these cases and the effect of their decisions on environmental protection and the rights of the involved parties. The theoretical framework of this study is grounded in the contributions of authors such as Boaventura de Sousa Santos, who emphasizes the need for an intersectional approach that recognizes the link between social inequality and environmental degradation, and Martha Fineman, who argues that legal theory should incorporate the interdependence between human rights and environmental well-being. Additionally, Catherine Redgwell explores the evolution of international law to address environmental and human rights issues. Employing this methodology, the research aims to ascertain that the examples of litigation in human rights and the environment examined demonstrate the complexity and importance of balancing conflicting interests. Judicial decisions in these cases shape the relationship between society, fundamental rights, and environmental preservation, underscoring the need for a holistic approach.