Articulo Revista Indexada
Approximation between law and sustainability: critical theoretical approaches
Registro en:
Fauth, G., & Olivares, A. (2022). UMA APROXIMAÇÃO ENTRE DIREITO E SUSTENTABILIDADE A PARTIR DO PLURALISMO JURÍDICO: ABORDAGENS TEÓRICAS CRÍTICAS. Veredas do Direito: Direito Ambiental e Desenvolvimento Sustentável, 19(45).
1806-3845
Autor
Fauth, Gabriela
Olivares, Alberto
Institución
Resumen
The so-called environmental crisis exemplifies a significant, structural crisis that motivated societies to rethink their production and consumption patrons, producing an interpretation of the paradigm of sustainable development that achieved different mechanisms of legal regulation in the context
of the international economic system, legitimizing powers and discourses
converted into hegemonic ones. From this context, the paradigm of sustainable development was used methodologically as a tool for International Accords, Treaties and Protocols, generally limited to the logical matrix
of legal positivism and parameters of the international economic system,
supported by the current globalization process. In this sense, based on a
bibliographic review, this work criticizes the appropriation of the concept
of sustainable development by capitalism, when, supposedly, this nation is
supposed to be its counterpart. At the same time, in the field of Decree new
paths are opened, since the response to legal instruments is shown to be
insufficient and even inadequate with regard to current global challenges.
The methodology of this work is based on documentary research, based on
a critical interpretation of classic legal theories, delving into the evolution
of legal pluralism. The article concludes that there is an important need to
transform the legal-political instruments in the attempt to mediate between
the various areas that comprise the environmental question and its reflections in the context of contemporary society.