Novas perspetivas de atuação da Defensoria Pública Estadual: os rumos da tutela ambiental no estado do Rio Grande do Sul

Abstract

This thesis addresses the environmental protection carried out by the Public Defender of the State of Rio Grande do Sul, a relatively autonomous and permanent institution in Brazil, considered essential to the jurisdictional function of the State. There is normative authorization legitimating the Ombudsman's office to file a civil action in the collective defense of the environment, as well as a judicial decision confirming this understanding. It is fundamental to strengthen this Institution to more effectively consolidate this new perspective of institutional action, guaranteeing greater quality of life, social equity and participatory democracy. The Ombudsman assists not only the needy, but also the vulnerable person in the broader sense, the so-called legal or organizational need. The layer of the population that is most affected by the degradation of the environment is precisely the one that is most financially lacking. Joint and joint action between the Executive, Legislative and Judicial Branches and the Institutions active in the area, including among the Public Defender's Offices is a measure that should be encouraged frequently. The research developed was qualitative, bibliographical and documentary. The fact that the author of the present work is Public Defender of Rio Grande do Sul and member of the Agency specializing in environmental protection of this Institution will make it possible to carry out the research carried out in this State. This new attribution covers the protection of the natural, artificial, cultural and labor environment, in a judicial and extrajudicial way, from the diagnosis of the environmental problems and the social needs that come from the degradation of the environment, punctuating the existing obstacles for Defenders to reach such scope more broadly. The creation of the Agency specializing in environmental protection by Public Defense of Rio Grande do Sul highlights its position as the vanguard and there have been several successful actions since the creation of the Agency until now, such as participation in congresses, meetings, legislative sessions, debates, public hearing, training meeting Internal legal action, public civil action, mediation, adherence to terms of cooperation on the subject, internal campaign of a sustainable nature, improvement of communication assistance to publicize this specific assignment, as well as other proposals to be put into practice. The existence of the Specialized Agency emphasizes the importance of the subject by the Public Defense and serves as an organ of support to the Defenders that need to face some environmental problem. The study of the actions of other Brazilian State Public Defenders in this theme, whose environmental problems are the same or resemble those of the State of Rio Grande do Sul, is also relevant to apply positive experiences in Rio Grande do Sul, despite all the challenges and obstacles Structural, personnel, material and budgetary resources, as well as allowing a reflection on a model that is at least close to the ideal, enhancing it for the balanced environment that benefits the present and future generations. It is believed that the research will contribute to the reflection of the problems arising from the process of economic and social transformations and of stimulating the exercise of public environmental policies for the promotion of sustainable development in an interdisciplinary way.