suspension of the execution of legal proceedings deferred to safeguard environmental interests
DOI:
https://doi.org/10.5433/2178-8189.2014v18n1p91Keywords:
Suspension of Writ of Mandamus. Economic Order, Environment, Balancing.Abstract
The institute called Suspension of Writ of Mandamus, which enables the suspension of the effects of judicial decisions that may bring about damages to public interests, demand adequacy of its current conformation for the withdrawal of the effectiveness of measures deferred in civil action on environmental issues. Its suitability to the principles of non-obviation and effectiveness of judicial safeguard and the principle of sustainable development may be achieved, on the suspension process, by balancing between the environmental interests and the public interests, objecting to determinate, in each case, which interest must prevail.
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