Detalhes bibliográficos
Ano de defesa: |
2023 |
Autor(a) principal: |
Cardia, Regina Helena Piccolo
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Orientador(a): |
Piovesan, Flávia Cristina
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Banca de defesa: |
Não Informado pela instituição |
Tipo de documento: |
Dissertação
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Tipo de acesso: |
Acesso embargado |
Idioma: |
por |
Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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Departamento: |
Faculdade de Direito
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País: |
Brasil
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Palavras-chave em Português: |
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Palavras-chave em Inglês: |
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Área do conhecimento CNPq: |
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Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/41066
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Resumo: |
Environmental racism is sourced in the context of the North American struggles for civil rights, from protests in Warren County, North Carolina (USA), with a black majority population, over the destination of toxic waste from another state. Cultural differences between USA and Brazil, especially in the way racism is developed, does not make possible the mimetic application of the concept of environmental racism. It happens because Brazilian-style racism was conceived by a system of beliefs, which fostered the myth of racial democracy, although it consolidated different locus of privileges and inequalities between white people and black people. However, the identification of the elements and requirements set out in national and international normative instruments, the influences of North American doctrine and jurisprudence on racial discrimination, as well as the parameters that define environmental justice and injustice, are essential for the construction of a new legal category, adherent to the Brazilian reality. The imbalance in the distribution of bonuses and environmental charges, embodied in indicators that measure social, economic, political and environmental inequalities, interspersed with racial bias, which impacts the full promotion of human rights, is the basis of environmental racism, theme that grounds the work here pursued. This is a qualitative-scientific research, whose data provides details and depth of knowledge, for a better understanding of the content defended. The work is structured into 6 chapters, of an exploratory nature, with emphasis on the subjective character of the object, on the study of its particularities and unique experiences, and guided by the analytical-descriptive narrative, as it uses normative instruments and doctrine, national and international, in alignment with international human and environmental rights treaties, and multidisciplinary disciplines |