The law as a green guardian: exploring the impact of judicialization on environmental conservation

Abstract

This article examines the impact of judicialization as a tool for environmental conservation, analyzing its effectiveness, challenges, and opportunities across various legal contexts. Through a critical approach, it explores landmark cases that illustrate how judicialization has led to significant progress in the protection of ecosystems and endangered species. However, important limitations are also identified, such as the gap between legislation and its enforcement, the lack of adequate training for judges, and political resistance that hinders the implementation of judicial decisions.

The study highlights the crucial role of civil society and non-governmental organizations in promoting judicialization, as well as the importance of scientific evidence in environmental litigation. A series of recommendations are proposed to improve the effectiveness of judicialization, including the creation of specialized courts and the strengthening of oversight mechanisms.

Finally, the article reflects on the future prospects of judicialization in the context of the climate crisis and the need for an integrated approach that combines law, science, and social participation. This analysis aims to contribute to the debate on environmental governance and offer a framework for future research in the field of environmental law.