Possibilidades de responsabilização de gestores públicos pela omissão no dever de zelar pelo meio ambiente: o caso das tartarugas marinhas de Fortaleza

Abstract

This study aims to analyze the possibility of holding public officials in the municipality of Fortaleza accountable for their omission in implementing public policies focused on the protection of sea turtles along the city's coastline. The research highlights the importance of adopting concrete actions by the public authorities to effectively protect wildlife, as established by Article 225 of the 1988 Brazilian Federal Constitution, which imposes duties on both society and the State. The study explores the concept of indirect polluter and the responsibility of the State and its political agents for environmental omissions, particularly in relation to potential cases under the Brazilian Law on Administrative Improbity. The research is conducted through a qualitative approach, bibliographic review, and analysis of legal norms and case law, aiming to contribute to the strengthening of accountability for omissions and the protection of marine species. Finally, the study proposes a draft of a Popular Action as a legal instrument to challenge the inertia of the local Executive and Legislative branches concerning environmental protection.