JUDICIAL CONTROL OF ENVIRONMENTAL ADMINISTRATIVE ACT

Abstract

This work evaluated the current judicial control of the environmental administrative acts, considering the evolution of the legal doctrine after the Federal Constitution of 1988. The legal conception of the environmental administrative act has, gradually, being modified after the promulgation of the Federal Constitution of 1988. The insertion, in the constitutional text, of directional principles of the public administration, together with specific commandments of the environmental protection, forced the law scholars to modify the traditionalistic vision of the principle of the presumption of legality of the administrative act, when it is able to cause significant environmental damage to biodiversity. Such positioning of the legal doctrine has forced some courts to judge, more severily, the principles of the environmental administrative act, analyzing not only the formal aspects of its establishment, but also its motivation, razoabilidade, proportionality and purpose. However, the defense of the doctriners of the administrative law in the amplification of the judicial control of the environmental administrative act is not causing a sensible alteration in the jurisprudence, that still reflects a positioning of the courts in the exclusive analysis of its formulation. The extended judicial control, although not yet a rule in the judicial analysis of the environmental administrative acts, demonstrates a way to be pursued in the preservation of the natural resources, amplifying and diversifying the existing control mechanisms.