Departmental Bulletin Paper Public Civil Action : Access to Environmental Justice in Brazil

Serra, Tatiana Barreto

63pp.89 - 106 , 2016-02 , Graduate School of Law and Politics, Osaka University
The aim of this paper is to trace an overview of the role of the State Public Prosecution Offiece in the protection of the environment, notably through public civil action. Thus, it is important to note that in alignment with the evolution of the International Environmental Law, Brazil experienced, especially from the 80's, a major boost to environmental legislation. At the same extent, the legislation improvement gave functional and administratve autonomy to the Public Prosecution Office, which became a fundamental entity for environmentl protection. In this regard, the 1985 Public Civil Action Law and the 1988 Federal Constitution are key milestones for the perservation of this common geritage of mankind. Accordingly, important instruments for collective environmental protection have been assigned to the Parquet, as public civil action I, civil investigation and the Conduct Adjustment Agreement. In addition, the concepts of pollution civil liability were expanded, fixing the accountability objective, propter rem, and full compensation of damage. These concepts aer analyzed in this paper. Finally, several parts of the text expose the path taken by the brazilian jurisprudence towaords the consolidation of these principles for environmantal protection.

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