Ministério Público e a responsabilização do dano ambiental: estudo de caso do extremo sul do Piauí – esfera federal e estadual

Abstract

Human action is decisive as a process of triggering impact against the environment. In view of this, the Federal Constitution of 1988 assigned the Public Ministry the function of promoting civil investigation and public civil action, for the protection of public and social assets, the environment and other diffuse and collective interests. In this case, the objective of this article is to characterize the role of the Federal and State Public Ministry in the protection and accountability of environmental damage, in the extreme south region of the state of Piauí. The focus of the study was the Public Prosecutor's Office in the Municipality of Corrente Piauí (Federal Public Ministry - MPF) and its coverage area, as well as the districts of the Public Prosecutor's Office of the state of Piauí (State Public Ministry of Piauí - MPPI) located in the southern end of the state. The survey of the processes was carried out through the forwarding of official letters, soon after the processes were raised, they were characterized as to the main areas of demand (territory), the areas of attention of the process, time of entry of the process, processing, time of sentence, compliance of this and, status of each process. Thus, an overview of the MP's performance in the south of the state was sought, as well as the main demands in the environmental sphere of the region. Based on the processes of the districts of the Public Ministry of the State of Piauí under study, it was observed that 28% of the processes are crimes against the flora, followed by the absence of environmental licensing for potentially polluting activities, registering 12% of the crimes. Comparing with the cases of the MPF – Corrente, it is noted the differentiation in the categories of crimes, where in the MPF crimes against the invasion of union lands and environmental damage in a federal conservation unit were reported, demonstrating that the MPF only works with crimes related the Union. However, it was possible to identify in the analyzed crimes that the MPPI acts in crimes at the local, state and federal level. There is a supplementary action between the two bodies, that is, a cooperation between the union and the state in defense.