A atuação dos Tribunais de Contas na proteção do meio ambiente: breve análise do caso Pinheiro

Abstract

The present paper aims to analyze the constitutional aspect of the fundamental right to the environment and its binding to the public authorities, specifically the Audit Courts, as well as to analyze the measures that could be adopted by the Audit Court of the State of Alagoas to hold accountable the environmental damage infringed by Braskem's mining activities in the Pinheiro neighborhood in Maceió. To do so, a literature review, analysis of legislation and documents were used. The deductive method was used, starting from a general analysis, i.e., the constitutional aspects of the right to the environment, to the particular, the measures that can be taken by the TCE/AL in the Pinheiro case, to hold the omissive entities accountable. In this sense, the omission on the part of organizations in the State of Alagoas was verified, being pertinent the audits and the application of fines by the TCE/AL to the omission agencies.