The role of the judiciary front of liability of the state, by inefficiency surveillance as effective tool for achieving environmental protection

Authors

  • Lívia Maria Cruz Gonçalves Souza Escola Superior Dom Helder Câmara
  • Beatriz Souza Costa Escola Superior Dom Helder Câmara

DOI:

https://doi.org/10.5433/1980-511X.2014v9n3p223

Keywords:

Judiciary, Intervention, Environmental protection, Effectiveness.

Abstract

The paper aims to analyze the judgment relating to the Special Appeal 647.493/ 2007, dismissed by the Superior Court on the grounds of a public civil action filed by the Prosecutor of the State of Santa Catarina, the environmental damage caused by the extraction of coal in the region of Criciúma. As a result, the decision considered the subjective Liability Union, the lack of oversight in the mining of coal mining activity. Also seeks to demonstrate that relevant legislation already existed at the time, and that the Union remained inert in his duty to act. On the other hand, points out the environmental consequences of such activity, and seeks to highlight the importance of conscious judicial intervention to enforce the protection of the environment.

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Author Biographies

Lívia Maria Cruz Gonçalves Souza, Escola Superior Dom Helder Câmara

Lawyer. Master's Course Environmental Law and Sustainable Development of the School Dom Helder Camara. Belo Horizonte-Minas Gerais.

Beatriz Souza Costa, Escola Superior Dom Helder Câmara

Masters and Ph.D. UFMG in Constitutional Law, professor in the Master's Degree in Environmental Law and Sustainable Development of the School Dom Helder Camara. Dean of search ESDHC. (Belo Horizonte).

Published

2014-12-11

How to Cite

Souza, L. M. C. G., & Costa, B. S. (2014). The role of the judiciary front of liability of the state, by inefficiency surveillance as effective tool for achieving environmental protection. Revista Do Direito Público, 9(3), 223–246. https://doi.org/10.5433/1980-511X.2014v9n3p223

Issue

Section

Artigos