Anais EnAJUS 2022

ISSN 2674-8401

Can Environmental Restorative Justice be implemented in the Portuguese Judicial System? An ERJ Systematic Literature Review

Autoria: Bernardo Costa Valente

Informações

Sessão remota - 25/10/2022, Horário de Brasília: 10h30 às 12h30 Horário de Portugal (Fuso + 4h): 14h30 às 16h30
Mediação: Ricardo Lopes Dinis Pedro (DGPJ)

Resumo

ic because there was a change in the pattern of environmental criminality. The illicit activities related to the emission of greenhouse gases or pollution were joined by other violent crimes under the scrutiny of the authorities worldwide, the crimes related to the trafficking and damage of the wildlife. The international law frameworks have been trying to tackle the issue of environmental criminality to preserve the sustainability of international agreements. However, the crimes that harm biodiversity are diverse and threaten the balance of several ecosystems adding to the previous problems caused by climate change. That topic also represents an issue at the national level; the Portuguese judicial system in the last years has only a few cases in which people were declared guilty and fined for environmental crimes (Gomes, 2021 in Observador). This phenomenon has been widely disseminated in the media in Portugal; nevertheless, it has seen no change during the last decade. Most of these crimes cannot find a proper defendant because it is also hard to find a victim that can represent the environment and its interests in thesetypes of crimes (Skinnider, 2011; Motupalli, 2017). Due to that, this research points out that it is essential to collect examples of environmental restorative justice that had success in other countries which can inform the implementation of the same procedures in Portugal. This would be a way to prevent the risk andmitigate the damage caused to the environment by these types of crimes (Biffi & Pali, 2019). Therefore, this article will dive deep into the literature on environmental restorative justice to understand if some of the cases presented in state of the art (Hübschle et al., 2021; Wyatt et al.,2022) can be useful to apply in the Portuguese judicial system.

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