A aplicação do princípio da cooperação: ação civil pública e tutela ambiental efetiva

• Autor(a) principal: Sales, Rodrigo Barbosa
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UNISANTOS
• Texto Completo: https://tede.unisantos.br/handle/tede/2481
• topic: tutela judicial; meio ambiente; celeridade; efetividade; cooperação; ação civil pública; modelo de comportamento; produção de prova; execução; recomposição; proteção à vida; CIENCIAS SOCIAIS APLICADAS::DIREITO

The environmental effectiveness of judicial protection is closely related to the reasonable duration of the process, which was positive principle in the Constitution, with the enactment of Constitutional Amendment No. 45. In this context, we have the civil action, as the main instrument for the prevention and repair of damage to an ecologically balanced environment, in compliance with art command. 225 of the Federal Constitution, which currently has numerous difficulties, in his thirty years of operation, to achieve your goal, which is the pacification of the conflict of interest and repayment of environmental legal interests harmed when this is its object. Implementation of the new civil procedural law, approved by Law No. 13.105/15, in aid shape public civil action, brings a paradigm shift, revealing the need for a role model of all process actors, working together and with the judge to obtain the speedy, effective and fair protection, giving meaning to the constitutional command that requires due process, pursuant to art. 5, inc. LIV, of the Federal Constitution. Since the granting of emergency care, if needed, until the enforcement proceedings environmental public civil action, cooperation should be north on the magistrate acting, party, stakeholders, and also of society. Even in the alternative solutions of pacification of environmental conflict, cooperation is the instrument for the achievement of environmental protection, creating a culture in which must prevail the collective interest to protect the balance of relations between human behavior and nature. For achieving the demonstration of the proposition above, the methodology to be used is the logical-deductive , starting from the doctrinal and jurisprudential research as well as analysis of existing legislation and the proposals for legislative change on the topic discussed with the presentation the hypothetical situation about the problems involved in obtaining effective judicial protection in environmental protection, the comparison with the introduction of the new concept of the principle of procedural cooperation , presenting his remarks on the result.