The extent of the object from the environmental class action lawsuit against the collective micro system process

• Autor(a) principal: Gusmão, Leonardo Cordeiro de
• Data de Publicação: 2019
• Outros Autores: Costa, Beatriz Souza
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/29402
• topic: Environmental popular action. Extent of the object. Micro system collective process.; Ação popular ambiental; Extensão do objeto; Microssistema do processo coletivo

Democracy gets stronger when citizens exercise their rights, such as with the popular vote as a means of upholding society’s best interest. Likewise, it’s the only practical way that gives maximum effectiveness for fundamental rights as it’s also an essential component of human dignity. Furthermore, environmental wellness is also an important right and popular action is necessary in order to guarantee and protect it. Therefore, the interpreter of law needs to understand the ‘Theory of the Dialogue of the Sources’, and the Micro System Collective Process to better guarantee these rights. Furthermore, with the legal method of deductive reasoning and from the perspective of a qualitative, descriptive and explanatory research, this paper shows that the goal of popular action isn’t limited to the withdraw request of the aggrieved party. This leads to the conclusion that it is possible to protect these rights with other legal means equally effective in the prevention or reparation of damages caused by irresponsible acts to diffuse, collective and individual homogeneous rights – all of which origniate from an injury or threat of injury to the fundamental right of the wellness of the environment. This paper utilized literature review to better grasp and understand this important theme.