Direito fundamental social ao meio ambiente digno no Brasil: estudo de cinco casos concretos
This article aims to discuss the fundamental social right to a decent environment in Brazil, based on five concrete complex cases whose trials were conducted in a peculiar way in accordance to each circumstances. Thus, first, there will be exposed the current Brazilian legal treatment concerning the...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2016
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7277405 |
| Source: | Espaço Jurídico: Journal of Law, ISSN 2179-7943, Vol. 17, Nº. 1, 2016 (Ejemplar dedicado a: Espaço Jurídico Journal of Law [EJJL] Quadrimestral), pags. 257-284 |
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| Summary: |
This article aims to discuss the fundamental social right to a decent environment in Brazil, based on five concrete complex cases whose trials were conducted in a peculiar way in accordance to each circumstances. Thus, first, there will be exposed the current Brazilian legal treatment concerning the defense of the environment, as enshrined in the Federal Constitution. In advanced, it will step into the case-by- case analysis, which selected individual suitcases will be reported and analyzed so that it can, in the end, assess the treatment of possible solutions to disputes. In synthesis, considerations concerning five litigations shall be deliberated: compensation to the environmental impact resulting from the sale of condominium units without proper treatment of domestic sewage; the performance by the Public Prosecution of the State of Rio Grande do Sul who called a halt to the commencement of any work for the construction of the Regional Hospital – Sarah Network due to of the inadequacy of the land suitable for building; the request, by the Federal Public Prosecutor of Santa Catarina, regarding the degraded en-vironment due to irregular constructions held in Brava Beach and Amores; The trial for the suspension of a hydropower construction execution, on the grounds of a possibility of irregular award of grants; Finally, the suitcase in which the power plant Barra Grande would have gotten forged report, since it did not foresee the collapse of primary and secondary vegetation in regeneration state involving forest, with forests of Araucaria and other biodiversity. |
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