OLIVEIRA FILHO, E. J. P.; OLIVEIRA FILHO, Eduardo Jorge Pereira de.
Resumo:
This monographic work includes a study of the civil action as a remedy to protect the
environment, when the practice of environmental damage. At first analyzes the environmental
issue in Brazil, focusing on the main assault of man on the environment in the natural,
cultural, artificial, and the work aspects. It presents concepts of environment, focusing on the
importance in practice as a way to educate the man on his daily contact with the environment
in which he lives to preserve the quality and dignity of life for present and future generations.
In the study of Brazilian legislation relevant to the environment, it is a collection of all the
laws which existed before the Constitution of 1988, this with an article dedicated to the
environment, that consecrates it like a real state of common use of the people and essential for
the healthy life quality. It is evident that the dimension of the current Constitution gave all
laws prior to its promulgation, especially with respect to functional assignments of the Public
Ministry, associations, unions and citizen qualified to be in judgement. Finally, it presents and
comments to the procedural means of protecting the environment, questioning the
effectiveness of each of them in front of the concrete environmental damage. It also stands out
the importance of accomplishment of the punishment, whether civil or criminal, by form to
enable the damage compensation by the trangressor done.