Mandado de segurança coletivo e meio ambiente ecologicamente equilibrado

• Autor(a) principal: Alvares, Mariell Antonini Dias
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMT
• Texto Completo: http://ri.ufmt.br/handle/1/848
• topic: Mandado de segurança coletivo; Tutela coletiva; Direitos difusos; Meio ambiente; Efetividade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Collective writ of mandamus; Collective protection; Diffuse rights; Environment; Effectiveness

This study is about the analysis of the constitutional writ of the collective writ of mandamus, by seeing it as a procedural tool, able to guarantee the protection of the right to an ecologically balanced environment, together with other actions developed to protect the established diffuse rights. Despite of the Public Civil Action Law is visualized as the tool, for excellence, to the handling of collective interests, we can see that if the molecular question is demonstrated by pre-formed proofs, it is possible to protect it by this constitutional action, which has some advantages compared to other means of protection existing in the national legal system, as will be demonstrated in the course of chapters. To achieve this understanding, an evolutionary appreciation will be accomplished, as well as an axiological and functional appreciation of the microsystem of super individual rights, going on, subsequently, in the appreciation of the mandamus itself, which, despite of the restrictions created by the Law n. 12.069/2009, about the effects of the judicial estoppel and of the legitimation to act, needs to receive extensive interpretation to be endowed with the necessary effectiveness desired by the legal system, especially up against the benefits that the hermeneutics in use can provide to the environment, considered as fundamental human possession, according to numerous treaties of international law.