Ação popular no acesso à justiça administrativa para defesa do meio ambiente em Moçambique

Abstract

Emerges from the Constitution of the Republic of Mozambique , 2004 , an important innovation in relation to the previous Constitution , referred to the consecration of the right of public action , through article 81 , as part of Chapter IV ( rights , freedom and guarantees of political participation ) title III (rights , duties and freedom), constituting a step worthy of reference by the fundamental legislature. Reading the norm in question, it turns out that this right is not only an instrument of access to justice, but also an authentic guarantee of citizens' participation in the elaboration of policies and strategies regarding to legal assets above individual level, as they concern the whole society or community. According to point number 1 of the above mentioned article, “all citizens either personally or through associations for the defense of the concerned interests, have the right of public action under the law”. The public action, as a procedural instrument (civil and or administrative), aims to strengthen the protection of rights and interests of the so called collective or diffuse rights, which incur legal assets whose ownership belongs to the whole community and not to anyone in particular as in the case of the environment that was stated in the Mozambican legal system as an essential element to improve the quality of life of Mozambicans. It turns out that much of the conflict involving the environment requires the involvement or intervention of the State, which through its officials, staff and agents, establish, with the individual, legal relation, which may be considered to be strictly governed by rules of Administrative Law, determining the jurisdiction for access to justice in the event of threatened or actual injury in any of the interests protected by the common law, whether administrative through the administrative courts . The Administrative Procedure regulated by the Law no. 9/2001, of July 7, provides a number of major media and accessories access to administrative justice, used to protect the environment