A judicialização da responsabilidade civil ambiental: o caso do matadouro público de Pombal.

Abstract

This study aimed to analyze the performance of the judiciary in solving environmental problems arising from the slaughtering activities of cattle carried out in the public slaughterhouse of Pombal-PB. To this end, a case study was carried out that examined in detail the judicial processes, in order to know the irregularities found in the slaughterhouse, as well as the content of the judicial decisions issued, in order to understand the grounds used by the judging body and the real intentions of the public agents involved. The analysis of the results showed the need for a definitive solution to the problem discussed, since the judicial and extrajudicial procedures have no effect. The current model of judicialization of environmental demands, to the detriment of the inertia of the Public Power, has not guaranteed the application of environmental legislation to concrete cases, since the mere guaranteeing power of the State to impose the constitutionally guaranteed measures has not been sufficient to solve the problem. , in view of the ineffectiveness of public environmental preservation policies implemented in municipal environmental management. It was suggested to the Municipal Secretariat of the Environment the elaboration and implementation of a Public Private Partnership to share the responsibility of the slaughterhouse management with the private initiative, in order to meet the essential needs of the population and guarantee everyone the right to an ecologically friendly environment. notably balanced with respect to the environmental problem generated by the slaughter of cattle in the Municipality of Pombal.