A atuação do poder judiciário frente à responsabilidade civil do estado, pela ineficiência de fiscalização, como instrumento de efetividade para se alcançar a proteção ambiental

Abstract

The paper aims to analyze the judgment relating to the Special Appeal 647.493/ 2007, dismissed by the Superior Court on the grounds of a public civil action filed by the Prosecutor of the State of Santa Catarina, the environmental damage caused by the extraction of coal in the region of Criciuma. As a result, the decision considered the subjective Liability Union, the lack of oversight in the mining of coal mining activity. Also seeks to demonstrate that relevant legislation already existed at the time, and that the Union remained inert in his duty to act. On the other hand, points out the environmental consequences of such activity, and seeks to highlight the importance of conscious judicial intervention to enforce the protection of the environment.