Advanced search
Start date
Betweenand

Community participation in environment defense: the role of NGOs through PCAs

Grant number: 06/04380-9
Support Opportunities:Scholarships in Brazil - Scientific Initiation
Start date: January 01, 2007
End date: December 31, 2007
Field of knowledge:Applied Social Sciences - Law - Special Rights
Principal Investigator:Diogo Rosenthal Coutinho
Grantee:Christina Cancela Rettondini
Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

One of the Environmental Law´s principles is the Community Participation, which is, in its internal order, based in the article 225 caput of Brazilian Federal Constitution, imposing to the Public Power and to the collective the obligation to defend and preserve the environment to the present and future generations. One important tool to accomplish this obligation is the public civil action, from which the non-profit organizations can be proponent. Though, the non-profit organizations’ participation have been representing a really small share in Class Actions, if considering that more than 90% of these actions in defense to the Environment are propound by the Public Ministry, which is also a legal proponent to those. So, this essay intends to search the reasons why, even having the law abutment, Non-profit organizations have not been using them right to defend the Environment balance through the Class Actions. These reasons will indicate the snags that should be rethought in order to turn the civil society participation much more effective in the defense of Environment, making use of the Constitutional Rights. (AU)

News published in Agência FAPESP Newsletter about the scholarship:
More itemsLess items
Articles published in other media outlets ( ):
More itemsLess items
VEICULO: TITULO (DATA)
VEICULO: TITULO (DATA)