A judicialização dos trabalhos de recuperação das áreas contaminadas no estado de São Paulo

Abstract

The aim of this work is to evaluate the Public Ministry performance in the meaning of the contaminated areas solution in the State of São Paulo, bearing in mind the filing of individual suits in order to repair the damage of this context, besides to point the advantages of the collective judicialization, in order to prevent the conflict molecularization. Essentially, it is the intended to make a critical analysis about the Public Ministry position, in the meaning to prove that the collective actions has expanded efficiency, meanwhile the individual suits with the same subject, based in countered thesis of decontamination indicators established in legislation of environmental agency body, consistent in the full compensation, that has the purpose to extinguish all and every groundwater and soil contaminants, so the damages caused to the environmental be fully repair. The study is based in recent case law from TJSP, delimiting the examination in observe of the constitutional foundations and current federal and state of São Paulo legislation, just as current thesis and environmental law, that address for contaminated area management. With that, the intend is to prove the unproductivity of the judicialization of the subject, that has encumber the state court in the first and second instance and, in the future in the superior courts, with issues a long time discussed, including, unconstitutionality actions sound from the Public Ministry themselves