SILVA, L. F.; http://lattes.cnpq.br/2354583945431518; SILVA, Leonardo Farias da.
Resumo:
This study is a critical research based on civil responsibility of state’s omission on
environmental damage. This way, to achieve this goal,we seek to investigate the
existing forms of accountability in the Brazilian legal system which aim to give effect to
the principle of mandatory state action. The approach method used on this
investigation was the deductive, both ways, conclusion immediately, as mediately.
Regarding the environmental law, constitutionally consecrated as third generation
right, it is found verified directly, the accuracy of existing premises. But also indirectly,
based on the junction syntheses developed during the study, especially about the
practical application and effectiveness of these rights. Regarding the procedure
adopted for search conclusions during this research, were used the biographical
method, juridical and historical. As techniques used in this procedure, it is used direct
documentations through laws, covenants and jurisprudence from Brazilian Superior
Court. Its main north is the mandatory state action on environmental law, we seek to
examine how is being assigned this state accountability, through its omission, in order
to preserve the ecologically balanced environment for present and future generations.
Therefore, the State has the obligation of act and monitoring to prevent further
environmental degradation. Importing for damage caused by third parties, when it is
the State's obligation to supervise and this is omitted. . All this in order to ensure a
healthy environment for everyone, since it is diffuse right to third generation