Panorama jurídico-ambiental de ações civis públicas ambientais existentes nas comarcas de Sousa e Uiraúna.

Abstract

Many environmental problems that impair the life on Earth were triggered among an unrestrained consumist society. Thus, a new fundamental right was developed for the environmental defense: the right to live in an ecologically healthy world. Searching to systematize principles and regulations of this modern juridical branch it was created the Environmental Law. In Brazil, one of the legal instruments created in defense of the environment was the Public Civil Action, which is characterized as a preventive and repressive measure for the environmental damage, in order to rescue this primordial benefit of the current situation, through the wide range of legitimated, as the Public Prosecution Service, or through tutored object, injunctions or erga onmes’s effect of sentence. This work was developed in order to analyze the legalenvironmental scenario of the Environmental Public Civil Actions in the judicial districts of Sousa and Uiraúna - Paraíba, detailing their quantitative aspects, tutored object, litigants parts and their administrative procedures in progress, as well. For conducting the research, the bibliographic and deductive methods were employed, with field study. Thus, it was possible to notice that the Environmental Public Civil Action demonstrates a preventive and cautious character in cases where the Judiciary defers the application for inhibitory guardianship, in the sense of impel that certain acts will cause damage. It was also observed that the lawsuits filed in the judicial districts surveyed were proposed by the ministerial organization, using as evidence the corresponding administrative procedures. Furthermore, it was found that the materials were always dealt of natural and artificial environment. Therefore, this legal instrument should be used seeking the collective welfare. The social, economic and environmental interests must be balanced, so that priorization of one over the other does not occur and for that the Public Civil Actions continue to be an effective mean to control environmental problems.