The Impact of Transnational Regulatory Standards regarding the Control of Air Pollution on the Decisions of the US Supreme Court and the Supreme Court of Brazil in a Time of Populism



Parole chiave:

Constitutional Courts, West Virgina v. EPA. ADI n. 6.148/2019, Air Pollution Legal’s Standards, Populism, Transnational Law


This scientific article analyses the arguments and opinions used by the US Supreme Court and the Supreme Court of Brazil about air pollution control and the influence of transnational legal foundations in times of populist governments. For the development of this research, the comparative method was used, operationalized by the operational concept techniques, bibliographic research, and jurisprudential analysis. The product of the succinct comparative analysis performed allows us to classify the decision-making standard in the case of West Virginia v. EPA completely uncharted to foreigner law, while the Direct Action of Unconstitutionality n. 6.148/2019, constantly mentions transnational legal agreements and, in the case of regulatory omission by the Brazilian State, indicates the prevalence of World Health Organization standards.

Biografia autore

Márcio Ricardo Staffen, ,Universidade do Vale do Itajaí

Full Professor of Constitutional Law and Political Science