Controle de Convencionalidade em matéria ambiental: análise sob a ótica da Opinião Consultiva 23/2017 da Corte interamericana de direitos humanos.

Abstract

This article aims to emphasize the mandatory of conventionality control, based on the greening of the  understandings signed by the Inter-American Court in the exercise of its contentious and advisory jurisdiction. And, about the protection of the environment, stands out the Advisory Opinion n. 23/2017, in which the Court dealt specifically with environmental rights, recognizing the interdependence between sustainable development, environmental protection and human rights, as well as providing opportunities for advances in the defense of this right within the inter-American system, removing the exclusivity of the reflex protection and enabling direct demand. Adopting a methodology supported by bibliographic and jurisprudential analysis, the article highlights that this understanding signed by the Inter-American Court in the exercise of its advisory competence also serves as a foundation for the control of conventionality, increasing the protection of the right to the environment, in view of the need to make domestic norms and decisions compatible, not only with the Convention American Court and its Protocol, but also with the Court's understanding about the environmental issue.