A ação civil pública como meio processual de defesa do meio ambiente.

Abstract

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.