TUTELA PROVISÓRIA ANTECEDENTE: EM BUSCA DA EFETIVIDADE DA PROTEÇÃO JURÍDICA DO MEIO AMBIENTE NO CONTEXTO DO ACORDO DE ESCAZÚ

Abstract

This paper seeks to understand the institute of preliminary injunctive relief in the context of the Escazú Agreement. To this end, it comments on the reasons that led to the formation of this agreement and presents some of its most relevant articles. The principles of precaution and prevention, which are intended to protect the environment, are also distinguished. The article also presents the concept of provisional emergency guardianship and demonstrates its species. It analyzes in greater detail antecedent provisional injunctive relief as a tool to ensure effective jurisdiction to protect the environment, concluding that such relief is in line with Brazil's commitments under the Escazú Agreement. In order to carry out this research and reach its objectives, the hypothetical deductive method was applied, producing an essentially exploratory research. To this end, it was based on the reading and analysis of books, scientific articles, legal magazines, laws and jurisprudence.