Dos meios jurídicos de tutela ambiental

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Data
2020
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Universidade Brasil
Resumo
This is an issue related to the existing mechanisms that can be handled, not only by the State but also by organized civil society, aiming at the prevention, repair and compensation of environmental damage caused by several polluting agents, invoking instruments of extrajudicial protection and mainly judicial. An existing conflict was faced in relation to the active legitimacy for the filing of popular environmental action. The aim of this work is to demonstrate the broad environmental legitimacy for this type of collective action, in addition to analyzing the other existing environmental actions, their applicability and effects, as well as the liability of the polluting legal entity. The research, regarding the methodology adopted, was based on a bibliographic review, with the support of referenced doctrine and collected jurisprudence, being analyzed, with the necessary depth, the proposed theme, in several aspects, presenting suggestions. To achieve this goal, an analysis of a current theoretical reality was started, with a background in the current legislative framework, analyzing all the instruments of environmental protection, in the administrative, civil and criminal spheres, with a focus on the liability of the legal entity, up to if you arrive at the solutions indicated. With the advancement of this work, it is concluded that the defense of popular action, in environmental matters, is more democratic, since it involves and legitimizes the citizen to protect a common interest, being imperative to affirm the constitutional non-reception of art. 1º, §3º of the Law of Popular Action (Law No. 4.717 / 65) due to the wide legitimacy for the citizen to defend the environment, as enshrined in the Magna Carta. The need, in this case, for the Federal Supreme Court, in its own action, to deny legal validation to the mentioned infra-constitutional provision, prior to the 1988 Political Charter, since it translates into an inconvenient obstacle to an efficient environmental defense, in addition to promoting wide dissemination about the importance of this. environmental action in the public and private education systems, at all levels.
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Proteção ambiental, Instrumentos judiciais ambientais e pessoa jurídica
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