Ciências Ambientais

URI permanente para esta coleçãohttps://repositorioacademico.universidadebrasil.edu.br/handle/123456789/32

Navegar

Filtrar resultados informando as primeiras letras
Agora exibindo 1 - 1 de 1
  • Imagem de Miniatura
    Item
    O Ministério Público e a proteção jurídica do meio ambiente em Fernandópolis
    (Universidade Brasil, 2020) Destéfani, Hérico William Alves; Frias, Danila Fernanda Rodrigues
    The Public Ministry is the main institutionalized vector for the legal protection of the environment in the Brazilian legal system. This body has a more significant role in repression, rather than prevention, when the facts come to its knowledge. The objective of this study was to expound the examination of environmental issues under the scope of the Public Ministry in the municipality of Fernandópolis. The research was developed within the ambit of the Public Prosecutor's Office of Fernandópolis, by exploring records and procedures of the Public Ministry through data research on the SIS MP INTEGRADO platform regarding the period from 2009 to 2019. This study focused on diffuse procedures, having as object being ministerial action in the environmental field. A total of 136 procedures were examined. Of these, 16.3% started by representation of individuals; 17.4%, piece of information; 4.3%, preparatory procedure for civil investigation; 43.5%, civil investigation; and 18.5%, public civil action. The subjects of greatest incidence were legal reserve and intervention in a permanent preservation area. Of the representations and pieces of information, 21 were dismissed, and of the preparatory procedures and civil investigations, 8.4% were dismissed. Among the cases that were continued, a conduct adjustment term was applied in 42.3% and a public civil action was proposed in 49.3%. All public civil actions were deemed valid. In conclusion, in the Public Ministry of Fernandópolis, the information originating from the people and other bodies was not as consistent as that provided by the Environmental Military Police. This revelation is noteworthy, as it may serve for future case-flow advice to be proposed. In addition, the prosecutors sought and reached agreements in more than half of the cases within the Public Ministry itself, without intervention by the judiciary, demonstrating that the municipality, in District Attorney’s Office, has an effective legal protection system for the environment.