Improbidade administrativa: não realização de estudo de impacto ambiental para obras públicas

Abstract

Concern for the environment has been more evident incessantly by recognizing their need to maintain their quality of life and to humans in its various aspects , so it was inserted in the Constitution as a fundamental right . Every day new or modifications of existing mechanisms arise in order to meet that goal , making the same groups of extra - procedural and procedural provision for such legal protection instruments . Being a collective good , the State has the largest share of responsibility in this preservation, making it create or enhance mechanisms that assist in this maintenance. The prevention of such events always proven to be the best way to avoid them , considering that the occurrence of some types of damages are impossible to be reversed , accordingly, the Preliminary Assessment of the Impacts of works and projects proved to be the most effective mechanism to protect that diffuse well . The allocation of evaluation studies that demonstrate these impacts , as well as licensing for implementation of these projects is the responsibility of the State , which shall give always to the observance of constitutional principles hallmarks of Public Administration . Failure to comply with these principles can and should be characterized as administrative misconduct , regardless of hierarchical level or position of the offending agent and , regardless of the findings of the civil and criminal spheres , because they are designed to maintain a fundamental right safeguarded by the state.