A efetividade do Termo de Auste de Conduta face à desvinculação do ambiente lesionado: um estudo de caso na comunidade de Itapirapoã - Angra dos Reis

• Ano de defesa: 2009
• Autor(a) principal: Marinho, Edna Martha Martins
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Programa de Pós-graduação em Ciência Ambiental; Multidisciplinar
• Palavras-chave em Português: Tutela ambiental; direito ambiental; Mangue de Itapirapuã (RJ); Angra ds Reis (RJ); Nature tutorship; Environment law; Itapirapuã mangrove (RJ); Angra dos Reis (RJ); CNPQ::CIENCIAS EXATAS E DA TERRA::GEOCIENCIAS
• Link de acesso: https://app.uff.br/riuff/handle/1/18344

The present dissertation aims to know the effectiveness of juridical instuments for the nature tutorship based on the Itapirapuã mangrove case study, located in Angra dos Reis city, state of Rio de Janeiro.The present dissertation aims to know the effectiveness of juridical instruments for the nature tutorship based on the Itapirapuã mangrove case study, located in Angra dos Reis city, state of Rio de Janeiro. The Costabella Empreendimentos Imobiliários company filled up with earth and destroyed that ecosystem in order to build a Resort. Several legal suits have been made for twenty years, without having the administrative and legal tutorship from the responsible institutions. Therefore, an investigation was taken, joining General Municipal Office of Environment; Attorney General of the Republic, ONG ISAB envoy and the company lawyers, the effectiveness of the adopted instruments, as well as the effort and legitimacy of these institutions in defending the environment, covered by the protection gained by law. It was applied the following instruments and techniques in the methodology: interview of the investigated institutions representatives; a visitation to 1th Federal Court of Angra dos Reis, where they provided all the legal documentation/proof of this case, searching juridical works, constitutional and infraconstitutional mechanisms and Internet. In addition, a fieldwork was done interpretation more effective. The theoretical references used: Brazilian Federal Constitution, Federal Law 6.938/91, responsible for National Environment Policy, Federal Law 7.347/85, that includes Public Civil Action and the works of MACHADO (2003), ALIER (1998). The conclusion is that the legal instruments applied were not effective to protect the local environment; that the government institutions didn t care about this environment degradation process; that legitimated people didn t act in accordance with the mangrove need. That the company economic values over the Licenses obtained and involved players.