Public ministry and legal protection of the environment
DOI:
https://doi.org/10.6008/CBPC2179-6858.2022.006.0024Keywords:
Diffuse interest, District Attorney's Office, Environmental protection, Legal protection, Ministerial actionAbstract
The Public Ministry is the main institution for the legal protection of the environment in the Brazilian legal system. The objective of this study was to expound the examination of environmental in the municipality of Fernandópolis. The research was developed within the ambit of the Public Prosecutor's Office, through data research on the SIS MP INTEGRADO platform regarding the period from 2009 to 2019. This study focused on 136 diffuse procedures. Of these, 16.3% started by representation of individuals and 17.4% by piece of information, of which 21 were dismissed; 4.3%, preparatory procedure for civil investigation and 43.5%, civil investigation, with 8,4% were dismissed; and 18.5%, public civil action. The conduct adjustment term was applied in 42.3% and a public civil action was proposed in 49.3%. The subjects of greatest incidence were legal reserve and intervention in a permanent preservation area. In the Public Ministry of Fernandópolis, was as consistent the information originating from the Environmental Military Police. In addition, the prosecutors reached agreements in more than half of the cases within the Public Ministry itself, without intervention by the judiciary. All public civil actions were deemed valid.
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