A Processualidade Administrativa Preventiva Ambiental

Abstract

It is noticeable that the study of procedural administrative law by itself represents a great progress to the improvement of Democratic Administrative Law. Along with Environmental Law, specially fauna, it makes this essay unique, considering that few or none at all has been discussed about preventive environmental administrative procedure as an efficient implement of protection. It may be worth noting that article 45 of law 9784/99 is of greater importance since it is Public Administration that deals directly with problems and risks concerning the environment, and in such case, being able to avoid perpetration of damage towards it. In this manner, it must not be forgotten that the preventive tutelage in accordance to the legal norm considers precisely the public interest in order to maintain Democratic Rule-oflaw State, protecting both the environment from potential risks and lesions and people. Notice that the preventive tutelage consequently makes it feasible for people to participate in questions regarding the fragile Brazilian fauna, which is invariably the vastest on the planet. Needless to say, preventive tutelage in administrative procedure may avoid and diminish economical exploitation of fauna inheritance is a fact, indeed. It is important to mention the immediate need of improvement of preventive tutelage in light of administrative procedure. After all, it is through this way that effective protection may take place concerning the environment — and not only a mere unreal compensation of potential or actual damage. It has been examined the scarcity of appropriate legal mechanisms considering the preventive tutelage considered under environmental law, which denotes the high impact of article 45 of law 9784/99. It must be remembered that fauna demands consequently fast and efficient attitude from citizens. So, the best is to impute to the State the rule of guardian of such juridical property. In such way, it is unacceptable to restrict the rule of Public Administration as authentic guard of the environment by the mere assertion that preventive administrative procedure is not an efficient mean of procedural tutelage. It has happened enough to reflect upon the countless irreversible damage towards the environment which, in fact, can be seen by absolute non-observance of preventive mechanisms and minimal
involvement by citizens concerning the acting of Public Administration. It is imperative to pursue the need to promote study and continuous improvement of law 9784/99 in Brazil, since this country lacks of unanimous legal regulation considering the administrative procedure, which will lead to a better and greater protection of all environmental assets, specially the copious Brazilian fauna.