URBAN ENVIRONMENT IN EUROPEAN INTERNATIONAL JURISPRUDENCE

Abstract

This paper aims to analyze the recognition of the right to the urban environment by European international jurisprudence. The European Court of Human Rights adopted the sophisticated method of dynamic evolutionary interpretation and created parameters for the construction of the right to environmental quality of life in its decisions involving urban problems, since the 1990s. The paper seeks to present the innovative extension of scope normative of the European international jurisprudence on the creation of the right to the urban environmental quality of life. For the development of the paper, about the methodology, will be presented the bibliography, the legislation and the specific international jurisprudence about the subject. The legal arguments developed in the environmental decisions of the European Court will be analyzed, identifying the main legal issues raised and how the cases about the urban environment are interpreted. In view of the wide and effective European urban environmental jurisprudence, it is understood that possible normative interactions between regional systems for the protection of human rights by contributing to ECHR jurisprudence for the creation of a new typology of urban environmental jurisprudence in other international and national Courts.