Legal documents related to shopping centers in Brazil

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Authors: Osvaldo Lailson da Costa Saraiva, José Machado Moita Neto, Giovana Mira de Espíndola, Elaine Aparecida da Silva
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Abstract

Environmental judicialization involving shopping centers in Brazil reveals profound weaknesses in the country's environmental governance. This paper analyzes this phenomenon through a qualitative, multiple-case study of nine emblematic lawsuits to identify recurring damages, challenges in law enforcement, and obstacles to adequate reparation. The results show a predominance of Public Civil Actions focused on irregularities in environmental licensing and the occupation of Permanent Preservation Areas (PPA). A significant dissonance was found between the filing of consistent lawsuits and the effectiveness of their outcomes, often frustrated by evidentiary obstacles and procedural slowness ("slow justice"). It is concluded that judicialization, although a powerful instrument, is insufficient on its own. Achieving sustainable development requires coordinated advances in the regulatory, corporate, and judicial spheres to address these systemic governance failures.

Fields of Study & Subjects

Environmental law and policy Brazilian Legal Issues Regulation and Compliance Studies

Publication details

Journal / source
Figshare
Publication date
1 January 2026
Document type
Dataset