The Environmental Rights’ Protection Through The Public Civil Action

Abstract

This article aims to analyze the relation between the environment rights and the public civil action. In fact, the ecologically balanced environment may be considered a diffuse right, once its degradation reaches undetermined number of people, connected by factual circumstances, according to the classification determinated by the article 81, item I, of the Code of Consumer Protection (Law nº 8.078/1990). Given this, considering that the public civil action aims to protect the transindividual rights (which are divided into diffuse, collective and homogeneous individuals), consonant at the article 1 of the Public Civil Action Law (Law nº 7.347/1985), it may be an important tool in the defense of environment rights, both preventive as repressively.