Responsabilidade ambiental: uma analise das decisões judiciais sobre uso e ocupação da Zona Costeira do Município de Porto Seguro por barracas de praia

Abstract

The Federal Constitution of 1988 affirms the environment as a fundamental right, assigning the duty of its protection to the Government and the Community. Within the constitutional normative, standard institution competences are observed to the environmental management, establishing a set of measures for the full protection of the ecosystem. Apparently, this constitutional guarantee does not protect the natural resources against the exacerbated consumption and the frantic exploitation. This creates a system in which the Government, in addition to not restraining environmental damage, sometimes promotes the unreasonable usage of the ecosystems. In the local context, the Municipalities have an objective responsibility of managing the natural resources in a shared manner with other state entities. Notwithstanding, the Municipality of Porto Seguro has omitted itself regarding this duty and it is still fostering the irregular use of the Coastal Zone, issuing permits to the construction, operation, sanitation, amongst others for the irregular business ventures at the shoreline. Thus, this research aims to analyze the decisions rendered at the Public Civil Action head office, and to verify the responsibility of the Government in face of the irregular occupancy and the economical exploitation of the beach and Navy’s shoreline land, not only by individuals, but also by corporate bodies of Private Law, particularly in the shoreline of Porto Seguro, in Bahia. It also aims to assess if this Procedural Legal Institute fulfill its purpose of protecting the environment. For the understanding of the subject a theoretical study was carried out with the intention of analyzing a) the distribution of competences, b) the environmental responsibility, and c) the Costal Zone management. A documental research was conducted in Eunapólis’ Federal Justice website, in which it was shown 75 Public Civil Actions, giving data for the analysis of the judicial decisions that have determined the maintenance or demolition of the beach shacks. The results state that the Public entities’ omission engaged in the procedural relation contributed to the occupation and construction of economical ventures in an irregular manner, causing environmental damages in the permanent protection area, such as sandbank suppression, mangrove landfill, as well as privatization of stretch of beach, in creating obstacles to the circulation of people. The lawsuits signal the continuity of the detrimental activities, even in face of a judgment, due to interposition of the defendant’s appeal. It is observed that the Public Civil Action is an efficient procedural instrument of environmental protection to signal the responsible for the harmful deeds, identifying the agents that cause this damage. However, it has limitations and it finds obstacles in face of the justice’s slowness and the rules of procedure, in which the lawsuits takes about 9 years for a conviction, without identifying in details the type of environmental damage existing, due to the inexistence of investigation, in case of most PCA. For the defense of Porto Seguro’s shoreline, it is necessary that the environmental issue’s judicialization becomes an exception, which it will only be possible in face of a proactive management of the Municipality Executive Power, fully executing the duties established by the legislation, promoting public policies and creating a change in the pattern of the Coastal Zone’s economical exploitation by the community.