Improbidade administrativa e a tutela do meio ambiente

Detalhes bibliográficos
Ano de defesa: 2014
Autor(a) principal: Fridriczewski, Vanir lattes
Orientador(a): Freitas, Juarez lattes
Banca de defesa: Não Informado pela instituição
Tipo de documento: Dissertação
Tipo de acesso: Acesso aberto
Idioma: por
Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
Departamento: Faculdade de Direito
País: BR
Palavras-chave em Português:
Área do conhecimento CNPq:
Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/4252
Resumo: This essay approaches the environmental protection theme by incidence of the legislation on the tutelage of administrative probity. Divided into three chapters, it begins from the analysis of the corruption phenomenon and conceives the act of administrative misconduct as a qualified illegality by the agent s bad intention that, in public dealing, intentionally or with gross negligence, acts under deemed dishonesty and disloyalty impulses. In this first chapter an approach is also made about the tutelage s origin and evolution of administrative probity in Brazilian Law. In sequence, the structure of the environment legal property is examined, identifying it as the fundamental right of intergenerational character and, at the same time, public and collective nature heritage, recipient of broad legal tutelage. The mechanisms of administrative, civil and criminal nature to the protection of the environment are also examined in the second chapter. At the end the guiding principles of public environmental administration performance are examined, in conjunction with the characters of environment legal property, and the inherent principles of protection of this property, such as the prevention, precaution and sustainability principle. It was concluded, then, that the legislation about administrative probity tutelage also reveals itself as being able to protect the environment, in as much as our legal system acknowledges the existence of environmental administrative misconduct act, conceptualized as the act committed by a public servant in exercise of civil environmental function, or in consequence of it. Violating the duties of loyalty and honesty and being offensive to the rectors principles of the environmental public administration acting, or to the environment itself.