Responsabilidade ambiental nas queimadas urbanas no município de Cáceres-MT

Abstract

The environment is characterized as a space to be inhabited by society, with quality of life and dignity, since it is a constitutional and legal guarantee. Environmental law is a right that crosses borders, everyone’s right, because the consequences of environmental damage represent problems that will reflect in any local, regional, and global community. The fires have been highlighting over the years as one of the main environmental problems in Brazil and the State of Mato Grosso, by the number of outbreaks and by the emissions of gases that have affected the environment and the human health. Thus, the present work seeks to analyze the environmental legislation regarding fires, the criminalization, accountability of the polluter and judicial decisions, as well as the role of educational actions and the overcoming of fires in the context of Sustainable Cities. Responsibility is the mechanism that seeks to assign to those who engage in activities that pose a risk to someone or that is potentially polluting, imputing to the polluter the consequences for the damages caused. To the environmental responsibility it is also designated the assumption of restraining the damage and protecting the rights of the victim and safeguarding the right of the collectivity. The analysis of environmental responsibility for fires, makes it possible to ascertain the legal aspects intrinsic to the occurrence and criminalization of environmental damage, judicial decisions and possibilities for reparation, which aim to provide elements for appreciation by serving as examples to curb the burning and to support new studies and decisions. To contextualize the role of social actors involved in the process, the importance of public power, in the surveillance and enforcement of environmental law and the responsibility of the actors. Thus, the present work is justified in order to describe the legal aspects from the point of view of environmental law, concerning the practice of burning and its implications for the individual and the society, seeking a reflection to raise awareness of society on the subject.