O processo judicial estrutural e sua eficácia frente à desestruturação da polícia administrativa ambiental

Abstract

This work focuses on the environmental structural collective lawsuit. Its General Objective to analyze the environmmental structural action as a possible procedural instrument for the legitimate protection of the collective interest in the environment, by obtaining through the Judiciary the structuring of administrative legal instruments for the protection of the ecologically balanced environment. Its Specific Objectives are to present the elements that characterize a structural collective litigation, to analyze the concept of structutal collective litigation by correlating it with the procedural modality called structural action, and to frame the issue of the chronic and lasting dismantling of legal instrumentd that are intended to exercise administrative police power over the environment by the public power in general. Realted issues addressed in this work include the constitutionalization of Environmental Law, the legal nature of the norm contained in Art. 225 of CF/88, the binding nature of environmental public policies, judicial control, the power of police or administrative police in the broad sense, material competence or common and solitary implementation in environmental matters, collective judicial protection of the enveronmental in Brazil, violations of environmental public policies and estructural collective litigation, chacacteristics of the structural environmental process, environmental structural collective procedure, competence for environmetal structural collective actions, active and passive legitimacy of environmental structural actions, causes for requsting environmental structural actions, legal instruments for administrative protection of the environment, environmental structural request, and environmental structural sentence.