Banca de QUALIFICAÇÃO: NELIANA DE SOUZA RIBEIRO

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
DISCENTE : NELIANA DE SOUZA RIBEIRO
DATA : 28/02/2019
HORA: 09:00
LOCAL: Sala Taperapuã 2 CSC/UFSB
TÍTULO:

Civil liability of the Municipality of Porto Seguro/BA for environmental damages caused by beach huts: an analysis of Public Civil Actions

PALAVRAS-CHAVES:

environmental management, waterfront, environmental damage

PÁGINAS: 100
GRANDE ÁREA: Outra
ÁREA: Ciências Ambientais
RESUMO:

The Federal Constitution of 1988 enshrines the environment as a fundamental right, giving the Public Power and the collective the duty to protect it. Within the constitutional norm, it is observed the establishment of common competences for the environmental management, determining in this scenario a set of mechanisms that seek the integral protection of the environment. However, this constitutional guarantee apparently can not protect natural resources against exacerbated consumerism and unbridled exploitation, creating a system in which state power, in addition to not curbing environmental damages, sometimes promotes the irrational use of ecosystems. In the present study, it is verified that municipalities have an objective responsibility to manage natural resources with other state entities, however, it is observed that, besides omitting environmental protection, the municipality promotes the irregular use of the Coastal Zone issue permits for construction, operation, sanitation, among others. In this sense, the present research has as general objective to analyze the responsibility of the Public Power in the face of the irregular occupation and the economic exploration of marine and beach land, both by Physical and Legal Individuals of Private Law, specifically in the. To understand the proposed theme, a bibliographical and documentary review is carried out to analyze a) the distribution of competences, b) environmental responsibility, c) coastal zone management, and d) analysis of Public Civil Actions, judicial decisions and terms of readjustment related to beach huts. The partial results of the research indicate that the omission of public entities involved in the procedural relationship contributed to the occupation and construction of economic enterprises, causing environmental damages in a permanent protection area such as restinga suppression, mangrove landfill, as well as privatization of beach strip, by creating obstacles to the movement of people. In addition, judicial proceedings indicate the continuity of the activities that caused the environmental damage even in the face of a judgment, due to the legal action brought by the defendants. In view of the above, it can be seen that Public Civil Action is a procedural instrument of efficient environmental protection in determining responsibility, identifying the agents that cause harm, however, it has limitations and obstacles to the large index of actions in the judicial, in addition to the procedural rite itself, being lacking in speed. In order to defend the environment on the portosegurense coast, it is necessary that the judicialization of the environmental issue becomes an exception, which is only possible in the face of a proactive management by the municipal Executive Branch, fully exercising the responsibilities determined by the legislation.

MEMBROS DA BANCA:
Presidente - 1956163 - NADSON RESSYE SIMOES DA SILVA
Interno - 1041340 - LEONARDO EVANGELISTA MORAES
Externo ao Programa - 1979610 - DAVID SANTOS FONSECA