A atuação do Ministério Público nas ações coletivas de tutelas ambientais: estudo de casos da disposição inadequada de resíduos sólidos industriais

Abstract

This research is aimed at theoretical and practical study, therefore, divided into three chapters, the first two compiles all the theoretical and practical analysis in the last two cases in which industrial solid waste were disposed of improperly. Initially, in the first chapter, explained the framework necessary for the right understanding of the environment in its sense of law diffuse and collective process, which leads to civil action. Still, they are exploited the institution of the prosecution and its role as legitimate to the commencement of the civil action, bearing in mind the main objective of the work, ie, to demonstrate the role of the prosecutor in the actions of a collective nature. In the second chapter, the solid waste management is appreciated by the explanation of the National Solid Waste Management Plan for Solid Waste and legal consequences of the breach of the aforementioned plan, strict liability being enlightened by full risk. Finally, in the last chapter, two specific cases are reported, based on two civil suits filed by prosecutors because of poor waste disposal. The first refers to the damage caused in Pinhais/PR and the second in Jacarézinho/PR. Finally, it concludes with the need to reconcile the technical knowledge about the environment coupled with the legal basis for the actions that apurem environmental damage is solid in his Pleas and allow fair trial.