A tutela jurídico-constitucional ao ambiente ecologicamente equilibrado e o manejo do coque de petróleo no âmbito do Porto de Imbituba: análise das extremidades e riscos socioambientais

Abstract

The objective of this research is to investigate the scenario of externalities and socioenvironmental risks arising from the management of petroleum coke in the Port of Imbituba / SC, with the premise of constitutional legal protection of the ecologically balanced environment. The constitutional text in its art. 170, caput, and clause VI, in dealing with the economic order, based on free initiative and valorization of labor, emphasizes the principle of defense to the environment, so that the economic order itself is directed to the dictates of social justice, so as to ensure a minimally dignified existence for all. In southern Brazil, the Petcoke product is imported from the United States and Venezuela, and when it reaches the Port of Imbituba/SC is stocked in the open, causing pollution and damages to the entire population. In this line, the movement of petroleum coke started in the year 1998 without the necessary technical and operational conditions, presents serious problems, not only environmental ones. A society where the rules are the market with the goal of accumulating exchange values leads to a paradoxical dilemma between development and ecosystem protection. This research intends to demonstrate that the concept of normative-legal pollution falls within the scope of the management of the CVP because it is environmental degradation that releases waste in disagreement with established environmental standards. The practical and concrete example of the damaging effects of CVP management in the Port of Imbituba/SC, discusses in its emblematic axis, regarding the triad environmental damages, economic development and social losses / gains, warning of the application of the principles of precaution, solidarity and prohibition of ecological regression, as the hard core of sustainability. The inductive method was used. Given the critical nature of the research, the methodological structure obtained from the diagnosis of the concrete case contributed to the analysis of the harmfulness of the product, in addition to promoting, to a certain extent, the social awareness of the companies involved. As also allowed to infer that petroleum coke is still little studied, it deserves more attention by Juridical Science in accordance to Biology.