Improbidade administrativa ambiental

Abstract

The 1988 Federal Constitution enshrined the ecologically balanced environment as a fundamental right of all, imposing on the Public Power and the community the duty to defend and preserve it for present and future generations. And in order to ensure the effectiveness of this right, the Public Power has entrusted significantly relevant obligations, which the administrative manager cannot discharge, under penalty of severe personal liability due to the acts performed against this true public patrimony in which the legal good is embodied. environmental. It turns out that the public civil action to compensate the public purse and the environmental criminal action, for several reasons, have not been shown to be effective legal mechanisms in the prevention and repression against the attacks carried out against the environment by those who should protect it. with primacy. That is why Law 8.429/92 is applicable to the Brazilian environmental administration as the most efficient instrument of jurisdictional protection of the State in combating this type of disreputable behaviour, precisely because it reaches the most expensive and important to these public agents, case, the loss of civil service and the suspension of political rights. In this scenario, it will be seen that in order to guarantee the effectiveness of this environmental protection in the part that belongs to the State, the application of the Administrative Improbity Law to political agents has the effectiveness expected by the Constitution of the Republic.