INTERDISCIPLINARIDADE, INSTRUMENTOS LEGAIS DE PROTEÇÃO AO MEIO AMBIENTE E PERÍCIA AMBIENTAL / INTERDISCIPLINARITY, LEGAL INSTRUMENTS OF ENVIRONMENTAL PROTECTION AND ENVIRONMENTAL EXPERTISE

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This tesis applied interdisciplinary bibliographic review to assess current risks of modernity, metaindividual rights, and legal tools of environmental protection with a special emphasis on investigation by experts. Firstly we present an interdisciplinary discussion including points of views of investigators and the interdependency of environmental sciences and environmental laws. Next, we present an interdisciplinary study about preservation areas, legal reserve and water resources associated with analysis of the vegetation cover over the high and the median Araguaia river basin located in the border of Mato Grosso an Goiás States analyzed though remote sensing. This study was based on 21 scenes of Sino-Brazilian satelyte of Earth Resources (CBERS-CDD) obtained from July to August 2006 that was georefenced and organized into mosaics and transformed into an image with normalized difference of vegetation index (NDVI). This analysis indicated that 2/3 of study area no longer have the original vegetation cover. Regarding areas of permanent preservation 44,58% have been converted. These results indicate that legal determinations stablished by the Forest Code have not been followed. The issue of environmental risks of modernity, the environment as a fundamental and diffuse right and the history of access to justice are also discussed. This tesis also analyses the legal tools for the protection of the environment such as Civil and Penal Assize and Condut Adjustment Term in the extrajudicial field. Regarding collective civil actions we point out the roles of Popular Action and Public Civil Action as well as of Penal Action to prove an environmental crime. The proof in the civil and penal process was analysed with accentuation on investigation by experts. To finalize, we propose the creation of interdisciplinary scientist groups mainly academic, to analyse environmental problems of greater complexity in order to aid the public power to adopt administrative decisions and also to aid the judiciary power in relevant colletive actions, since the justice is responsible for final decisions about environmental issues. This interdisciplinary group would be named Scientific Environmental Expert Group which would be coordinated at national level by the Ministry of Environment and at the international level by the Environment Program of the United Nations Organization.

ASSUNTO(S)

estruturas 1. direito ambiental 2. interdisciplinaridade 3. direito difuso 4. proteção ambiental instrumentos legais 5. perícia ambiental environmental sciences perícia ambiental interdisciplinarity diffuse rights meio ambiente direito de defesa

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