Approximation between law and sustainability: critical theoretical approaches

Abstract

The so-called environmental crisis exemplifies a significant, structural crisis that motivated societies to rethink their production and consumption patrons, producing an interpretation of the paradigm of sustainable development that achieved different mechanisms of legal regulation in the context of the international economic system, legitimizing powers and discourses converted into hegemonic ones. From this context, the paradigm of sustainable development was used methodologically as a tool for International Accords, Treaties and Protocols, generally limited to the logical matrix of legal positivism and parameters of the international economic system, supported by the current globalization process. In this sense, based on a bibliographic review, this work criticizes the appropriation of the concept of sustainable development by capitalism, when, supposedly, this nation is supposed to be its counterpart. At the same time, in the field of Decree new paths are opened, since the response to legal instruments is shown to be insufficient and even inadequate with regard to current global challenges. The methodology of this work is based on documentary research, based on a critical interpretation of classic legal theories, delving into the evolution of legal pluralism. The article concludes that there is an important need to transform the legal-political instruments in the attempt to mediate between the various areas that comprise the environmental question and its reflections in the context of contemporary society.