AMICUS CURIAE: AN ALLY IN DEFENSE AND ENVIRONMENTAL PROTECTION

Abstract

Due to the need and urgency of defense
and protection of the environment, a right
guaranteed by the constitutional order,
instruments that enable control and social
participation in environmental matters,
receive appreciation. In this perspective,
this paper approaches the importance of
social participation in the guarantee of
the fundamental right to the environment,
in order to introduce the study of the
amicus curiae institute, which contributes
fully and effectively to this objective.
This being the case, this paper poses the
following question: is the amicus curiae
institute, which provides for social
participation in judicial proceedings, an
instrument that enables the defense and
protection of the environment? The
deductive method will be used to answer
this question, as well as bibliographical
and jurisprudential research. The
conclusion is that the amicus curiae is
configured as a mechanism of
democratization and pluralization of the
process, making decisions involving
environmental issues more aligned with
social demands, allowing social
participation and enabling the defense
and protection of the environment.