A razoÃvel duraÃÃo do processo ambiental

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

This essay analyses the particularity of the fundamental right to a fair trial within a reasonable time, relating to environmental issues, proposing a unique understanding to this basic right, as to reach the ideal of an adequate temporality, efficacious and useful to judicial environmental protection. The adoption of these views is influenced by factors like: 1) the constitutional duty of the State, in all levels of decision making or implementation, of an effective protection of the environment, by means of public lawsuits that safeguard or realise the right; 2) legal or factual complexities, esteeming from environmental judicial cases; 3) a remarkable relevance of environmental protection as a fundamental right, to which everyone is entitled, not to mention the future generations; 4) and the concept of an existing temporality gradient, unique to the environment. This special time measuring is oriented by the specific dynamics of environmental damages consolidation and regeneration of nature, being determinants the irretrievability of or difficulty to get reparation to the damages inflicted, as well as the observance of the principles of prevention and precaution, which are structural to the environmental law

ASSUNTO(S)

direito reasonable time. process. environmental duraÃÃo razoÃvel. processo. ambiental

ACESSO AO ARTIGO

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