Omissão como conduta corruptiva : a obstrução do acesso ao direito humano fundamental do meio ambiente.

Abstract

The present monographic work addresses the problem of corruption by omission in the scope of environmental law and how this corruption is configured as a form of obstruction of access to the fundamental human right of the environment. It is intended, in the light of the current literature about the concepts on screen, to analyze, discuss and present the main theoretical aspects that involve this problem. To do so, the exploratory-descriptive research methodology will subsidize the background and concepts studied here, through the hermeneutic method with the interpretation of the variables of the problem of omission as corruptive conduct especially in the environmental field, through the bibliographical technique, analysis and consultation of content of research, books, journals, legislation and academic and legal materials. Starting from the presentation of the environmental problem and the conception of the rights to the environment and good governance as fundamental human rights. From this, the discussion of state responsibility and omissive practice in parallel to the problem of corruption will be introduced, with an analysis of concepts foreseen in Brazilian legislation such as administrative impropriety and omission proper, characterizing how the omission is also configured as corruptive practice. Finally, we will discuss the omission in the environmental sphere of public administration and how this omission as corrupt conduct obstructs access to the fundamental human right of the environment, indicating how accountability and new ways of looking at the performance of the Public Power serve as means to combat the problem of this work.