O estado e a proteção ambiental: percurso histórico e doutrina jurídica

Abstract

The theme of this study is addressed to the proposal of the Environmental State. It was intended to understand if there is a State proposal for the environment, if it is cohesive and matured by doctrine.The methods used were analytical and comparative, explaining and comparing the concepts used by the doctrine found or not in jurisprudence, to discuss them in the light of their context.The source of the research is doctrinal, and the chosen doctrine was sought in the jurisprudence of the STJ and STF (although this was the methodological proposition of the work, there are also job by jurists here who are references in certain matters addressed in order to strengthen the scientificity of the research) with time clippings and previously constructed search expressions, doctrines cited in the works found from jurisprudence were also used. In the case of the last chapter, two specific job on the theme of the Environmental State were used in order to deal with the theme in depth. The total of 213 court decisions were consulted, 24 court decisions with general repercussion, 6 repetitive court decisions, 41 monocratic decisions, and 21 informative. To fulfill the proposed objective, we sought to rescue the formation of the State, as an institution, reconstructing its path to the Democratic State. Subsequently, a survey was carried out which provided an opportunity to discuss the "Environmental" or "Ecological" State. It was found that, although it is common to identify as State proposals for nature in order to generalize them, there are differences in their structuring bases that deserve to be specified. However, the State of Environmental Law still does not present itself as a new paradigm of State. [resumo fornecido pelo autor]