FIGUEIREDO, Carla Pedrosa de.; http://lattes.cnpq.br/1289595184786854; FIGUEIREDO, Carla Pedrosa de.
Resumo:
This paper aims to analyze public civil action as an important procedural instrument for
environmental protection. Thus, it was analyzed a specific case that was processed in
the Federal Court of the Subsection of Sousa - PB, where had the primordial action of
the Federal Prosecutor. This action sought the demolition of a residence that was built in
breach of the law, since it is located around the São Gonçalo Dam, which is an area of
permanent preservation, an important space to ensure biodiversity, as well as preserve
resources. and the claim was based on the assumption that buildings built in such areas
constitute vegetation suppression, which causes environmental damage, which is
assumed to be damage. This research presents as its general objective: to analyze the
effectiveness of public civil action as a means of environmental protection, and as
specific objectives: to study the conceptualization about the environment and
environmental principles; examine areas of permanent preservation; clarify the general
aspects of public civil action; analyze a lawsuit seeking protection of São Gonçalo Dam,
an important water reservoir for the Alto Sertão Paraibano; and verify the performance of
the Federal Public Prosecution Service in environmental protection. To achieve these
goals, the research initially was based on the literature review from primary and
secondary sources on the subject, where books, scientific articles, dissertations, theses
and jurisprudence were examined. The research is documentary, as documents from the
Federal Public Prosecution Service and the Federal Justice were analyzed. Moreover,
the approach method used was the method of scientific research called deductive, which
is the conclusion of descending reasoning, starting from the general analysis, to the
particular one. It is concluded with this research that public civil action is an important
procedural instrument to seek environmental protection and that the Public Prosecution
Service is an important ally in this mission. It was found that the performance of the
judiciary, in environmental matters, most of the time configures a setback, which is
forbidden when facing the environment.