THE PROCEDURAL MECHANISMS GUARANTORS OF THE POPULAR PARTICIPATION IN THE SCOPE OF THE STATE OF ENVIRONMENTAL LAW

Abstract

This article has as object the analyses of the procedural norm as a base fundament of the State of Environmental Law, structured in an environmental democracy, sustained in a legislation that encourages and stimulates the practice of popular solidarity responsibility via the participation in the making and execution of environmental policies and via the access to the Judiciary Power throughout procedural mechanisms that aim the legal control of the rational use of the natural patrimony in the environmental protection. Hence, the environmental citizenship can also be exercised in the judicial scope, not only as a legitimate part to bring a suit, but also in the adversary proceeding and by participating in the provision of proofs in the environmental civil procedure with the objective of providing to the judge a better comprehension about the matter in question, harmonizing the problem to the local reality and demonstrating dimensions of the future. The participation is the starting point for the effective protection of the environment. This research is of theoreticalbibliographic nature following the descriptive-analytic method that has instructed the analyses of the legislation and the doctrine that informs the concepts of dogmatic order.