O açude São Gonçalo como área permanente de preservação ambiental e a sua tutela por meio do instituto da ação civil pública.

Abstract

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.