This book is about environmental and climate legal protection in the energy transition. The Paris Agreement has a binding commitment of holding the global temperature increase to 2C while pursuing efforts to limit it to 1.5C. To cope with the negative effects of climate changes and mitigate greenhouse gas emissions, one of the primary responses has been the deployment of renewable energy sources, transiting from fossil fuels to sustainable electricity production. However, renewable energy sources can also cause significant environmental impacts. Wind energy, for instance, can impact biodiversity, such as birds and bats, killing them when colliding with turbines and affecting their migration and nesting. This results in conflicts in environmental law. This book questions whether, in the energy transition, the generation of electricity from renewable sources to protect the climate is compatible with the protection of the environment, both interests in environmental law. To address this question, this book follows a legal-environmental perspective and assesses the common problem of solving those internal environmental conflicts in Brazilian and German law to understand and compare whether and how both legal systems solve the conflicts by compatibilizing the protection of the climate with other environmental interests. The legal analysis focuses on land-use planning and environmental licensing, assessing similarities and differences, and evaluating the results, identifying what one country can learn from the other.
Chapter 1: Constitution, Democratic Government and Levels of Scrutiny in Judicial Review
Chapter 2: Interpretive Theories, Institutional Capacities and Criticism
Chapter 3: Institutional Dialogue: Structure and Legitimacy
Chapter 4: Fundamental Rights: Revisions and New Paths
Chapter 5: Notes on Tolerance: Foundations, Distinctions and Limits.
(source: Nielsen Book Data)
Democratic Government and Constitutional Jurisdiction brings together a series of articles produced in recent years and contains elements that can provide a panoramic view of the most prominent discussions in constitutional law in our time. The book is divided in five main parts, each of them is an article and addresses issues related to constitutional law, democracy and institutions. It brings about the challenges that Brazil must confront as part of the process of constructing a free, just and compassionate society, this book is intended to be an additional tool for improving the country's institutions. In the inevitable presence of doubts and dreams, we seek to offer alternatives in order to ensure that this project continues. (source: Nielsen Book Data)