BENEFICIAL ASPECTS OF JUDICIAL ACTIVISM IN ENVIRONMENTAL MATTERS FROM THE PERSPECTIVE OF THE PUBLIC PROSECUTOR'S OFFICE

Abstract

Judicial activism is a practice that encourages several discussions in the legal system, as it involves a certain disarray in the tripartite system of power, proposed by Montesquieu. However, in view of the shortcomings in the Legislative and Executive branches of action, it is common for the Judiciary to occupy a space that would not be within its competence, to discipline and resolve disputes. This occurs in the sphere of action of judicial bodies that, sometimes, take an active stance in extrajudicial spheres to guarantee environmental rights. At this threshold, the aim of this study is to understand whether there are benefits to judicial activism in matters of environmental law from the Ministerial Body's point of view. To this end, qualitative research was carried out based on a bibliographical study, with an exploratory approach, in which, through doctrine, legal-scientific studies and analysis of documents relating to concrete cases of judicial activism in the environmental sphere, it was inferred that activism It has beneficial aspects regarding the performance of the Public Ministry, as it contributes to the maintenance of the environment, standardization and environmental accountability, which supports ministerial objectives and gives concreteness to the Federal Constitution.