O princípio da precaução e as tutelas provisórias na realização do direito ao meio ambiente equilibrado

Abstract

Damages to the environment have been increasing, both in quantity and magnitude. Once the damage is consummated, its reparation does not seem likely and the pecuniary restitution does not recover the harm, so, preventive measures must be prioritized. On this subject, urgency tutelages may be important in order to defend the environment since they have as a purpose to provide jurisdictional tutelage in a fast, opportune and efective way. The principle of precaution, in its turn, has the power of anticipating hypothetical risks, even if there is no scientific certainty of the effects the activity or enterprise might cause the environment. Thus, all urgency tutelages act as mechanisms that fit the principle of precaution because both of them aim the preservation of the environmental property, in view of them both are measures which tend to prevent the occurrence of environmental damage. This article aims to assess the relevance of the principle of precaution and the urgency tutelages on the guarantee of the right to a balanced environment, in view of the difficulty to repair environmental damages. To do so, the hermeneutic method has been used. The research will be developed through a qualitative approach. The technique for the analysis of data will be the analysis of content using bibliographical review from authors who wrote on the subject, as well as research on legislation and jurisprudence. The research has partially confirmed one of the hypothesis presented. It has been observed that the principle of precaution and urgency tutelages, if used during lawsuits in which there is a discussion of environmental issues with possible severe damage, of difficult or impossible reparation, they are able to prevent the occurrence or the repetition of environmental damages. Thus, when they are applied in a pondered way, they are skillful ways of ensuring the right to an ecologically balanced environment.