O devido processo legal e o processo administrativo ambiental: a (in)visibilidade do hipossuficiente ambiental

• Autor(a) principal: Haonat, Angela Issa
• Data de Publicação: 2011
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/5683
• topic: Constituição; Devido processo legal; Processo administrativo ambiental; Constitution; Due process of law; Environmental administrative process; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study focus its analysis in environmental administrative processes based on the Constitution, and due process of law and environmental rights. The aim of this work is to investigate whether the march of the environmental administrative process follows the constitutional principles and, whether it can work as a tool to implement environmental law. Its main concern is to emphasize that among people who commit environmental infractions there are those ones who commit them due to lack of knowledge about the law, and or to difficulties in adjusting to existing standards and, as they cannot manage to fit the system, keep standing outside the law. We propose to demonstrate how the polity can reveal itself through the Rule of Environmental Law model, which promotes public policies that can favor environmental recoup and social inclusion. The environmental administrative processes, in the Rule of Environmental Law, change from a law ratifier instrument to a law implementation one. Public Management acts based in trust and safety principles, due process of law and natural judge. This is the ground for changes that leave behind a State which is unaffected by the (in) visibility of the insufficient offender and perceive this one as a person in law. The methodology used was the analysis of doctrines and body of law underlying the present study, analysis of processes at Instituto Brasileiro de Meio Ambiente e Recursos Naturais Renováveis (Brazilian Institute for Environment and Renewable Natural Resources), and participation in meetings directed to environmental policies implementation in the State of Tocantins. Methodological processes of legal dogma, analytical-synthetic and applied studies were prioritized to carry out an analysis of the legal system guided by the Constitution and environmental set of laws, searching in legal assessments the perception of how the law is construed and applied, specially in environmental administrative processes. The body of work provided a change in the view of environmental administrative processes from the spectrum of related legal process to a model which combines values and safeguards assured by the Constitution, avoiding, among other situations, that countless processes need to be reviewed by Court Administration