Dos meios jurídicos de tutela ambiental
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Data
2020
Autores
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Editor
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.
Descrição
Palavras-chave
Proteção ambiental, Instrumentos judiciais ambientais e pessoa jurídica