A tutela de urgência como instrumento para garantir a efetividade do Direito Ambiental

• Autor(a) principal: Haüptli, Paulo Rogério
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27228
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Tutela de urgência; Meio ambiente; Direito ambiental; Legislação ambiental; Justiça ambiental; Efetividade da tutela de urgência em matéria ambiental; Emergency guardianship; Environment; Environmental law; Environmental legislation; Environmental justice; Effectiveness of urgent protection in rnvironmental matter

The purpose of this paper portrays analyzing whether the emergency guardianship is effective for the protection and defense of the environment that provide greater protection to the fundamental right. And to that end, we made a brief presentation and analysis of the relationship of judicial guardianship, its training and aspects on the provisional protection that was inserted in the Brazilian legal system with the CPC/2015. We deal with the protection of the environment in Brazilian law, the dissemination of the preservation of the environment, as well as the environmental education that is necessary, environmental and ecological justice and the efficiency of insurance as an instrument of environmental protection; in addition to an approach about collective protection and its nuances both in the common collective procedure and in the special collective procedure, aiming at the protection of diffuse rights. Hereupon, it is emphasized the importance of the emergency guardianship and its peculiarities in environmental matters in the defense of the fundamental right to a balanced environment is emphasized, noting its presence in judgments of the Superior Court of Justice, which allows analyzing its use and applicability. In order to draw some parallels on the subject, elements of research from international environmental law are brought, in order to verify how important it is to protect environmental rights, which are currently constantly violated globally, and that they are only ceased or have their practices reduced due to legislation and emergency measures for their defense. The core of the studies in this dissertation is an analysis of emergency guardianship with the purpose of how much their effectiveness is important for the protection of the environment, finally analyzing studies that will point out the behavior of those legitimated for their filing and the position of the judiciary in its concession or not