O projeto de requalificação do Parque da Cidade (Salvador-BA): avaliação dos danos ambientais e indicativo de ação

Abstract

The observation of environmental degradation, especially by human action, provokes reflections regarding the finitude of resources available on the planet and their conservation, and points to the need for an understanding among peoples that surpasses the discourse of scarcity and brings the debate to itself Society-nature relationship; After all, understanding the environmental issue means thinking about a world differentiated by distinct social practices and diverse historical and cultural values given to the environment, generating often conflicting uses. In this context, the objective of this study is to evaluate the recent municipal redevelopment project of the City Park of Salvador, in terms of compliance with environmental legislation and propose a way of minimizing possible environmental damages. The method used was exploratory juridical-sociological research, whose object is the analysis of the legal norm in the context of the social reality in which it is manifested and using the deductive reasoning, covering the collection and analysis of documents, laws and jurisprudence. The work covered the history and definition of public space, with the formation of Joventino Silva Park, as well as the legal issues involved, through the analysis of Brazilian environmental legislation, legal theory, guiding principles of the Federal Constitution and the history of the evolution of Preservation and conservation on the world stage, as well as examples of environmental damage. Based on hypothetical proof of non-attendance of the municipal project to requalify the Park to the prerogatives of environmental legislation, which would be obtained through a civil inquiry, the work presents an indicative for a future Public Civil Action, with the effect of Term of Adjustment of Conduct, Which may be proposed by the Public Prosecutor's Office in detriment of the Municipal Government of Salvador, in order to compensate for environmental damages. This proposal for an action letter is adequate to the profile of the Environmental Professional Master. In this sense, we sought to offer the citizen legal procedures available, regarding the minimization of environmental damage, especially when caused by agents or public agencies, which has the duty to watch over the natural and artificial environment, ensuring a healthy environment for future generations.