Analysis of How the State Member in Brazil Can Proceed to Promote Environmental Accountability

Álisson Barbalho Marangoni Correia¹, and Cássio Esteves Jaques Vidal²

1. Research Group ProLaw-Lab, the University of Brasilia, Brazil

2. Brazilian Bar Association - Rondônia sectional (OAB/RO), Universidade Federal Fluminense (UFF), Brazil

Abstract: This article aims to analyze how the State Member in Brazil can proceed to promote environmental accountability by the class action demands. In Brazil, a limited number of legitimate authors can propose the class action demand, so this paper has an exploratory goal to discuss how one of them can proceed, considering what the Parquet does (the main legitimate author). Consequently, this paper has a qualitative character and a study of case design. In order to develop this research, the bibliographical method was necessary and so does the documentary one to analyze the discussion in the literature and in “Superior Tribunal de Justiça” (the literal translation is Superior Court of Justice) jurisprudence, that is responsible to unify the application of Brazilian federal law. Accordingly, the defense of the balanced environment and the acting of the State to have the damage minimized highlights its legal and social relevance. Thus, one of the main results is that it is possible for the State Member to use the evidence collected in the administrative procedure resulting from the fine or the embargo of the area to subsidize his petition.

Key words: environmental law, civil accountability, class action demand, state attorney, Brazil