Ação civil pública ambiental

Abstract

This monograph aims to make an analysis as to the Institute of Public Environmental Civil Action detailing aspects relevant to the theme. The objective of the research was to investigate whether public civil action in its main aspects, due the importance of this institution to obtain environmental protection. Based on the constitutional premise that "everyone has the fundamental right to a healthy and balanced environment" as well as protection requirements for present and future generations. The public civil action comes as a means of environmental protection in the face of a present or imminent aggression. It will also bring an analysis as to the judicial control of public policies, given the failure of the executive branch, questioning the possible interference in the powers, and therefore the violation of the principle of separation of powers. From this theme were brought the present decision-making trends in judgments of the Supreme Court, Supreme Court and others. In this sense, the conclusions on the topic could contribute to a debate on the progress of environmental law, given the expansion of institutions to ensure the protection, including the possibility of judicial intervention in matters that were previously treated as exclusive Executive. The study on the screen is based on the deductive method, which sought legal concepts and literature.