O Amicus curiae na tutela coletiva do meio ambiente : efetivação do estado democrático participativo e legitimação das decisões jurisdicionais

Abstract

The current environmental crisis and the constant economic and technological evolutions indicate a need to turn the attention to environmental imperatives. The fundamental right to an ecologically balanced environment, right to third and fourth dimensions, constitutes legal prerogative of diffuse ownership, to reflect significant expression of a power attributed not only to the individual, in their uniqueness, but the social collectivity itself. In this context, the amicus curiae is an important tool in the Brazilian civil procedure and, in particular, in the contemporary environmental collective process, as a hypothesis of intervention in which the intervener does not have an individualized and specific interest, but rather, is intended to provide technical and legal assistance to the parties and to the court, bringing, therefore, benefits to society as a whole, in the sense of more adequately addressing the demands. And it is here that the amicus curiae is presented as a procedural tool of utmost importance, especially in environmental protection. Ostensibly used in Common Law countries, its application in the collective process has been addressed sparingly by native courts. Thus, in view of the recognized value of public participation in environmental issues, affirmed and reaffirmed by international conventions and by constitutional and infraconstitucional law, democratization of the judicial procedure, through this legal concept, has the prerogative to achieve satisfactory levels for balanced and fair settlement of claims, duly supported by the fundamental right of access to fair legal system and principles of environmental policy.