A tutela inibitória como instrumento de proteção ao meio ambiente.

Abstract

In this work, it is focused the utilization of the relief of urgency on the prospecially the inhibithory relief, its peculiarities and characteristics; taking care of the denominated "new rights", comprehended on the dinamics of the modern society as essentials to harmony, to the human living and sustainable development (consumer's rights and right of a well balanced environment). In view of the continuous agressions suffered by the environment, the questioning about the mechanisms able to provide proper protection to this right gains relevance, having special position the inhibithory relief as an effective instrument of protection for the environment. This work is divided in five parts: on the first part we have the introduction; on the second part the chapter some considerations about the jurisdictional relief are made, focusing the prohibition of the self-relief and the jurisdictional installment by the State; it regards the renewing phases of the process and the emergential relieves with the objective of tracing the evolution from the self-relief to the necessity of emergential relieves, highlighting its utility and relevance; on the third part the chapter is observed the right to the environment, in which are disposed the concepts about the balanced environment, instruments of protection and the processual technique used on environmental defense, highlinghting the necessity of a healthy environment, as a warranty of a better life quality. On the fourth part the chapter it is analyzed the inhibithory relief on the defense of the environment, the general principle of the prevention and the handling of the inhibithory relief, the content of article 461 of the Code of Civil Process and of article 84 of the Code of Consumer and the applying of the inhibithory relief, in which the objective consists on the importance of the inhibithory relief as effective instrument of protection of the environment, characterizing itself by being focused on the future of the prevention against the illicit. The fifth part the chapter regards the final considerations. For the achievement of the proposed actions, bibliographic methods, historical-evolutive and the juridicaPs profound knowledge were used, viewing the collection of all necessary information to the attainment of the research. It is concluded that the inhibithory relief is a way, an effective instrument of protection to the denominated "new rights", right of the consumer and of the environment.