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Making Law Matter Environmental Protection and Legal Institutions in Brazil 1st Edition Lesley McAllister 0804758239 9780804758239

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ISBN 10: 0804758239

ISBN 13: 9780804758239

Author: Lesley K. McAllister

Although many developing countries have environmental statutes, regulations, and resolutions on the books, these laws are rarely enforced and often ignored. Making Law Matter presents the first book-length treatment of an innovative prosecutorial institution, the Brazilian Ministrio Publico, which refashioned itself in the 1980s into a powerful defender of citizen rights in environmental protection, as well as in other areas of public interest such as disability rights, consumer protection, and anticorruption. In Brazil, the offices of prosecutors and courts have become an important forum for resolving environmental conflicts, making environmental law more effective than in the past. Court involvement communicates the end of impunity for violators. It increases the accountability of governmental agencies and provides legal access for citizen complaints. In short, it enhances environmental rule of law. As developing countries continue to seek to reform their legal systems to strengthen democracy and the rule of law, the Brazilian Ministrio Publico must be recognized as a very promising model.

Making Law Matter Environmental Protection and Legal Institutions in Brazil 1st Table of contents:

1 – Environmental Protection and the Rule of Law

  • Environmental Regulation in Developing Countries
  • Prosecutorial Enforcement in Brazil
  • The Rule of Law
  • Legalism in Environmental Enforcement
  • Plan of the Book

2 – Strong Laws, Weak Agencies

  • Federal Environmental Law
  • State Environmental Law
  • Environmental Agencies in Crisis
  • Measuring Administrative Enforcement
  • Conclusion

3 – Becoming Environmental Prosecutors

  • Legal Reform
  • Institution Building
  • Conclusion

4 – Confronting Impunity

  • The Powers of Civil and Criminal Enforcement
  • Civil and Criminal Enforcement in Action
  • The Significance of Prosecutorial Independence
  • Conclusion

5 – Making Agencies Accountable

  • Prosecutorial Oversight
  • São Paulo: State Oversight Through Civil Investigations and Actions
  • Pará: Federal Oversight Through Criminal and Civil Actions
  • The Legalistic Turn
  • Enhanced Accountability
  • Conclusion

6 – Making Justice Accessible

  • Access to Prosecutors
  • Access to the Courts
  • Conclusion

7 – Effective Enforcement: Brazil and Beyond

  • Effective Enforcement and the Rule of Law
  • Prosecutorial Independence
  • Coordination Challenges
  • Making Prosecutors Accountable
  • The Diffusion of Prosecutorial Enforcement

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