A Relevância Jurídica do Ministério Público para o Processo de Interpretação de Normas Constitucionais em Favor do Meio Ambiente

The 1988 Federal Constitution established the ecologically balanced environment as a collective right. At this threshold, the Public Prosecutor's Office, as an independent and autonomous body entrusted with the defense of social interests, as is the case with the environment, which affects the community in a broad and irreversible way, should strive to act based on the hermeneutics of constitutional norms relating to environmental protection. In view of this, we investigated the legal relevance of the Public Prosecutor's Office in the process of interpreting constitutional rules relating to the environment. To this end, we carried out a bibliographical study with a qualitative approach and exploratory method, based on a survey of data from books, doctrines, the CNJ's information base and academic works. It was concluded that, in view of the data on environmental crimes in Brazil, the proper constitutional interpretation of environmental protection by the Public Prosecutor's Office tends to provide ideal accountability for offenders and mitigate the vulnerability of Brazilian biomes.

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Publication Details

Journal
Revista Jurídica da Amazônia.
Published
2024-12-12
DOI
https://doi.org/10.63043/2bwq4224
Primary Topic
Brazilian Legal Issues
Type
article
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article

A Relevância Jurídica do Ministério Público para o Processo de Interpretação de Normas Constitucionais em Favor do Meio Ambiente

Marcos Giovane Ártico, VICTOR RAMALHO MONFREDINHO
Revista Jurídica da Amazônia.
Brazilian Legal Issues
article

A Relevância Jurídica do Ministério Público para o Processo de Interpretação de Normas Constitucionais em Favor do Meio Ambiente

Marcos Giovane Ártico, VICTOR RAMALHO MONFREDINHO
article en

Abstract

The 1988 Federal Constitution established the ecologically balanced environment as a collective right. At this threshold, the Public Prosecutor's Office, as an independent and autonomous body entrusted with the defense of social interests, as is the case with the environment, which affects the community in a broad and irreversible way, should strive to act based on the hermeneutics of constitutional norms relating to environmental protection. In view of this, we investigated the legal relevance of the Public Prosecutor's Office in the process of interpreting constitutional rules relating to the environment. To this end, we carried out a bibliographical study with a qualitative approach and exploratory method, based on a survey of data from books, doctrines, the CNJ's information base and academic works. It was concluded that, in view of the data on environmental crimes in Brazil, the proper constitutional interpretation of environmental protection by the Public Prosecutor's Office tends to provide ideal accountability for offenders and mitigate the vulnerability of Brazilian biomes.

Revista Jurídica da Amazônia.Vol. 1(2)
Ministério Público
Openalex Percentile: Top 51%
Brazilian Legal Issues
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