ENVIRONMENTAL CIVIL LIABILITY: APPLICATION OF SUSTAINABILITY IN THE PERFORMANCE OF LEGAL PROFESSIONALS IN DOURADOS/MS

aplicação do direito da sustentabilidade na atuação dos profissionais jurídicos em Dourados/MS

Abstract

The present work seeks to understand how the
application of sustainable development occurs through legal norms, rules and principles, by the law enforcers in Dourados/MS, in matters of environmental civil liability. A literature review was carried out on the institutes of environmental damage, civil liability in environmental matters and public civil action. It was observed how sustainable development has been interpreted and applied in the courts, in particular in the Superior Court of Justice and the Supreme Federal Court, through jurisprudential
analysis. A qualitative methodology was also applied through semi-structured interviews to the legal operators that work in Dourados / MS. In the scope of the research, members of the Federal and State Public Ministry were interviewed; the Federal and State Public Defender’s Office and the Federal Justice to understand how sustainable development is applied in the practice of these legal operators. It was noticed that public civil action is not the first option of law enforcement in environmental matters
to resolve disputes and protect the environment, which has been replaced by agreements and terms of conduct adjustment, which are more effective in guaranteeing environmental justice in Dourados/MS.