O controle das políticas públicas e a tutela inibitória ambiental no âmbito dos tribunais de contas

Abstract

The Courts of Auditors in Brazil have a sui generis legal nature. Since its origin it is controversial. They are autonomous and eminent bodies into the brasilian constitutional legal context. Are not subordinated to any other organ. Play role of "aid" to the Legislative Power in the control of public administration. Have a unique and own powers‟ plexus. The decisions that they utter have their own limits review by part of the Judiciary. Have extensive analytical competence in environmental matters, being able to assess organs submitted by the courts to their own control under the aspect of economy and legitimacy. Have a playing field, in the field of its competence, wider than the examination over the judiciary. The importance of practice predates the very own formation of the public budget. Through operational audits they are responsible for an important contribution in terms of the examination of legitimacy, economy and performance of administrative actions. It is important their role in public policy development and control over their local courts. Have preventive action instruments, based on the principles of prevention and precaution, that enable the development of a culture in terms of the exercise of inhibitory guardianship, avoiding or mitigating the occurrence of damage to the environment considered throughout it scale, natural, artificial and culturally. Through acquisition of special accounts, the negative obligation to execution of normative acts unconstitutional, the general power of caution and end-user adoption of measures provided in the doctrine and jurisprudence and predictably on the standards laying down their mission is how they must act in such a way as to inhibit the occurrence of damage.