Exigibilidade e políticas públicas na área ambiental no estado do Amazonas

Abstract

The present dissertation has as its subject matter the demand for public politics in the state of Amazonas, aiming to congregate, analyse and systematise the existing knowledge about the judicialization of environmental public politics, presenting examples, especially within the scope of the state of Amazonas. As a methodological procedure, the task was divided into four chapters. In the first one, the reflection of the environment appears as, at the same time, a right and a fundamental duty, in the context of a Social State, whose main goal is to implement public politics with interest in the concretion of the environment ecologically balanced, essencial for the healthy quality of life. These protective public politics of the environment must be made possible through the construction of a space of participation of all the social actors public power and society in general - , which are entailed in the duty of preserving the environment for present and future generations, involved with the environmental thematic, under the form of the caput art. 225 of the Federal Constitution of 1988. The next chapter analyses the concept of public politics, as well as its procedure of creation, since its formulation, going through the implementation and execution, ending with the evaluation and invigilation, as well as the possibility of, along the mentioned phases, invoking the judiciary if any eventual correction of the public politic is needed, in case of any embezzlement or omissions. The third chapter, core of this dissertation, talks about the demand of public politics aimed at the environment and its control of jurisdiction, starting off with the analysis of the arguments contrary to the intervention of the judiciary in the public politics area. The invoked arguments were the offence against the principle of the separation of branches, the illegitimacy of the judiciary to exert such control, the discretionary administration on the implementation of public politics, the limit related to facts and human relations of the reserve of the possible, the apparent normative defects in the disposals that devote the fundamental right to the environment and, lastly, the alleged non-existence of a public right subjective to environmental politics. Such obstacles were, one by one, opposed by arguments of a constitutional nature and based on the international instruments related to the matter, searching for the maximum effectiveness of the right to the ecollogically balanced environment, in the context of a Social State. The chapter is ended with the analysis of the Public Ministry s performance at the increase of public politics, using as instruments the public civil action to question the absence and/or insufficiency of environmental public politics, as well as its correction, presenting examples, especially within the scope of the state of Amazonas. The final chapter presents the public administrator s responsibility in the adoption of environmental public politics, on account of its omission or its eventual change of conduct in the achievement of environmental public politics, taking into consideration that the administrative acting, in this present case, is orientated by the general and environmental constitutional politics. Once there is a distance or change of conduct, the judgment of environmental administrative lack of probity action is suitable to the responsibility of the public agent that caused the omission and/or change of purpose related to environmental public politics. Words-key: Public Politics. Enviromental Law. Exigibility. Judicialization.