A ação civil pública ambiental: aspectos gerais e a relevância da inversão do ônus probatório na tutela dos interesses difusos

Abstract

In this monograph, seeks to examine critically the public civil action, focusing on environmental protection and the importance of reversing the burden of proof for environmental protection. For both, has itself with the general aspects of environmental law, emphasizing relevant issues as the status of fundamental right conferred to the environment healthy and balanced by the Fundamental Law, highlighting addition, some of the most important environmental principles, and to overcome the dichotomy public / private, with the insertion of collective rights legislation in the broad sense. These innovations demonstrate the need for protecting the interests transindividuais differentiated because of inefficiency protection of Orthodox model. In this step, with the demonstration of basic points, seeks to expose the main way of procedural protection to the environment, namely the Public Civil Action, addressing aspects general and its fundamental importance to the community. Finally, solid arguments present themselves in order to demonstrate the need for the operator of the law has a new look at the environmental interests, mainly in the procedural aspect, highlighting the reversal of the evidentiary burden on those demands, as one of the tools to better protect them.