A ampliação da legitimidade processual nas ações destinadas à proteção ambiental

Abstract

The occurrence of environmental damage, such as environmental disasters, presents difficulties both in repairing the damage caused and in holding those responsible for the damages accountable. As a result of this or even if there is a considerable effectiveness of existing instruments, improving them will increase the effective protection of nature. That is why the Federal Constitution (1988) chose the environment as a fundamental right, with the consequence of the clause prohibiting retrogression and constant improvement in the fulfillment of the Constitution commandments. Therefore, the possibility of expanding legitimacy and facilitating access to justice is suggested to provide greater environmental protection for procedural instruments. This can be done by presenting a bill to expand the judge's powers in the decision to be considered as a conviction in the case of a new lawsuit involving the same offender who commits an unlawful act in a similar case, whether as an individual or as a legal entity. The method used in this work is the hermeneutic, carried out through bibliographic and jurisprudential research. It is concluded, in order to guarantee the progressivity clause, that the way man treats animals must be rethought, and the Social- Environmental State and ecological justice show a new legal rationality with constant improvement of the current procedural instruments. Regardless of what the current level of protection, such as the constitutional bloc, does not limit environmental protection in the way that infra-constitutional legislation does, so it is possible to defend the presentation of a bill that expands the powers of the judge in the decision, to it be considered in the case of a new practice of illegal act by the same person. It is also suggested to present a bill that expands the active legitimation by individuals and legal entities for the protection of the environment, based on principles, the creation of a national record of precedents for environmental damage caused and the unification of systems.