Ação popular ambiental como instrumento de cidadania e sustentabilidade

• Autor(a) principal: Silva, Carlyson Renato Alves da
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/2749
• topic: Direito Constitucional; Direito Ambiental; Ação Popular; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

Breaking of the phenomenon current of the necessity of protection to the environment, and in view of the necessity of patent to search skillful ways for the protection mentioned it legally protected interest, the constituent legislator legitimized any citizen to promote the defense of diverse legally protected interests of great importance, amongst them, the guardianship to the environment ecologically balanced. In this particular one, the legislator saw itself obliged to grant to forms of defense of the environment, granting such premise most legitimated, amongst them one of great relevance, which is the citizen. Thus, one became guaranteed the defense the environment constitutionally, through public interest action, increasing the roll found in the law disciplinarian of such institute, that is, law 4.717/65. It is of meridian clarity to mention that the intention of the legislator was the best possible one in terms to propitiate the national and prohibited development of the environment, therefore made possible that any citizen promoted the defense of the environment. It fulfills to mention, that one understands for citizen, as that possessor of voter heading, that is, it is necessary that the public interest action is in full joy of its civil laws and politicians. However, of soon, it urges to clarify that diverse agreement is in regards to the legitimacy for the bringing suit of Ambient Public interest action, therefore in these cases, even though the foreigners would be capable to consider such measures, has seen that the right to the environment ecologically balanced before everything, is a right to the life, not being able to be reserved the right of its defense only those possessors of voter heading. In this footpath, one becomes necessary to analyze the necessary requirements for the configuration of the defense of the environment through the institute of the Public interest action, analyzing, still, the notion of common wealth as object of defense for the instrument in I appraise, over all, in regards to the analysis of the characters of the Ambient public interest action, verifying similarities and analogous. Moreover, necessary the harmful analysis control’s legally of the acts and administrative omissions to the environment, verifying, the limits to such controls, in well-known respect the beginning of the Separation of Being able them. In this direction, it was analyzed, with the due attention the figure of the citizen, for being the basic part in the defense to the environment, analyzing, also, the fact of that many times the author exempts itself to promote the defense directly, granting, of certain form, such power to the Public prosecution service, which got great evolution of its duties, after the advent of the Federal Constitution of 1988. Ahead of this, we wait to bring some contribution for the society in the direction to try to show that the environment can effectively be defended by each citizen, in proper improvement and of all a collective.