O direito/dever constitucional brasileiro de preservação do meio ambiente e o papel da participação popular : atuação da coletividade em prol da tutela ambiental

Abstract

With the introduction of the National Environmental Policy in 1981, the phase of ecological valuation of environmental assets began in Brazil, characterized by the systematization of environmental protection, which reached the level of fundamental right duty with the promulgation of the Constitution of the Federative Republic of Brazil in 1988. Thus, the work in question seeks to understand how the duty of environmental protection and preservation, advocated by the caput of article 225 of the Federal Constitution, materializes in practice, based on the principle of popular participation, verifying its relationship with environmental information, access to environmental justice and environmental education. In addition to these points, the study presents the instruments/mechanisms of popular participation, highlighting public hearings, public consultations, and participation in environmental councils in the administrative sphere, and popular action in the judicial sphere, to examine the environmental protection process sought by the Federal Constitution and the National Environmental Policy. Furthermore, this investigation will verify the actions of the community in the protection of environmental assets, comparing them with the actions of the Public Authorities, based on figures provided by the National Council of Justice. Regarding the collection of information and knowledge present in this work, the analytical deductive method was used, through bibliographic reviews of literary works, legislation, of which it is important to mention the Federal Constitution and Law No. 6.938/1981, and other scientific articles related to the subject. Therefore, as a result of this study, it is clear that popular participation contributes to the effectiveness of the constitutional norm of environmental protection through preventive and repressive actions, especially in view of the possible contingent or structural ineffectiveness of this norm. This occurs, above all, through access to justice, which enables the action of the community through legal instruments aimed at defending the environment. In addition, access to information and the promotion of environmental education strengthen this participation, especially when articulated with civil society organizations, which assist citizens in realizing their rights and fulfilling the constitutional duty of environmental protection. [resumo fornecido pelo autor]