ENVIRONMENTAL DAMAGE AND THE REQUIREMENT OF AN ACTION-ORIENTED PERFORMANCE OF THE PUBLIC ADMINISTRATION

Abstract

The environmental questions related to the protection of natural goods are discussed both in the political and the legal scope, due the proportion of ecological degradation, that affects all in a global level. However, solving the environmental problems becomes an arduous task as it's necessary to bring into play the political and legislative systems of the States, that necessarily must adjust to these new protective needs. Therefore, this paper intends to analyze the search for environmental protection by the State, using the theories of State liability, as well as some general guidelines about State action on environmental protection based on the risk theory. This study makes a brief analysis on important decisions rendered by Brazilian´s courts, trying to determine how the Government responded to environmental damage. It uses the deductive method and the indirect documentation research technique to examine the doctrine and judicial decisions. As a result, we intend to draw attention to the absence of an action-oriented performance by the Public Power, checking the answer given by the Judiciary about this performance.