A responsabilização de gestores públicos por meio de ação civil pública por improbidade administrativa vinculada à ocorrência de crime ambiental

Abstract

This research aims to investigate the technicality and the feasibility to aplicate the public civil action for administrative improbity as a accountability strategy of public managers, in cases of environmental crimes, committed by companies, when the public manager contributed to the occurrence of the crime. The research starts analyzing perspectives of the environmental protection by the criminal sphere as a good way to hold private managers accountable, and the difficulty of use this protection against public managers. To reach public managers there is another strategy, using public civil action for administrative improbity, in the civil sphere, but with sanctions effects close to the generated by the criminal penalties, but this kind of public civil action need as analyze about its technicality. The feasibility and conditions for the application of the civil action for administrative improbity have been established, the research go ahead to analyze the way of reception of these actions by the brazilian courts, considering the effects of the condemnation over the public manager and reflecting about the importance of this instrument in the historical time of Brazil, after the two biggest environmental "disasters" in its history. Using the hermeneutic method, through bibliographic research as a source of research and argument, it was possible to verify that the joint between the law of administrative improbity and the public civil action is technically correct, within certain conditions, and its application is an interesting way to hold accountable dishonest public managers, but it is possible to rethink some legal issues to expand the coverage of this action. [resumo fornecido pelo autor]