Banca de QUALIFICAÇÃO: MIGUEL MONICO NETO

STRUCTURING MEASURES AS A MITIGATION VECTOR OF THE UNCONSTITUTIONAL ENVIRONMENTAL STATE OF AFFAIRS

Unconstitutional State of Play Environment. Structuring Measures. Recommendation. Plaintiffs

In In Brazil, the increasing concern for environmental issues began to be demonstrated with the National Environmental Policy (PNMA), which established standards for environmental protection. With the 1988 Federal Constitution, environmental law gained even more importance and consolidated itself as one of the main branches of Law. In Rondônia, there are still mistakes in environmental policy and conflicts in environmental management, especially due to deforestation and predatory exploitation of the Amazon. In this context, the role of the Judiciary is fundamental in protecting the environment, ensuring compliance with the rules and the repair of environmental damage caused. The theme of the work is related to the determination of structuring and reparatory measures of the environment, in sentences of this nature, especially in Direct Actions of Unconstitutionality and Public Civil Actions. The qualitative research, analytical of cases and of participant characteristic as well, focuses on the procedural scope of the Federal Supreme Court (STF) and the Courts of Justice, with emphasis on the Court of Justice of Rondônia (TJ/RO), in order to verify how the jurisprudence on the Environmental Unconstitutional State of Things originated and progressively consolidated. It is inferred the need for the application of structuring measures in environmental proceedings, especially in Rondônia. The general objective is to propose a Recommendation to adopt the requirement of these essential measures for environmental protection in these actions. For this purpose, decisions in Public Civil Actions at a national level and cases judged by the Court of Justice of Rondônia are analyzed. We also researched and analyzed cases in which the Federal Supreme Court judged environmental matters. The objective was to verify whether the judging bodies expressed themselves on the Environmental Unconstitutional State of Things and whether they determined or could determine structuring measures. After surveying and understanding the panorama of the judgment of environmental actions, the following points were made in conclusion: a) the obstacles to the granting of structuring measures were identified; b) It was inferred that the Unconstitutional Environmental State of Affairs can be mitigated by determining structural measures; c) the need to issue a Recommendation, especially for the environmental scenario in Rondônia. This Recommendation should serve as a guideline to orient the legal operator on the limits and possibilities of the requirements in constitutional actions and Public Civil Actions related to environmental protection. As a product, a Recommendation is presented to guide the petition of structuring measures in Environmental Lawsuits, aiming at the protection of the environment to guarantee it as an Essential Human Right to Human Dignity.