Araranguá
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Navegando Araranguá por Autor "Acordi, Laís Carolina Nazário"
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Monografia Acesso aberto Ação Popular: uma análise estatística acerca da (in) efetividade como medida de controle estatal(2019) Acordi, Laís Carolina NazárioThis paper has the title Citizen Lawsuit: a statistical analysis about the (in) effectiveness as state control measure. The objective is to analyze how this instrument is used in the Brazilian legal scope nowadays. To achieve that, in the first two chapters it was studied about the State, its organization, the public administration and the control ways of the state by the citizens. On chapter three, a conceptual survey was conducted about the citizen lawsuit and, lastly, it was made a jurisprudential research in the Brazilian southern region courts seeking to verify in which condition the citizen lawsuit is being handled to preserve the fundamental rights, specially the environmental law. Furthermore, it was also made a statistical research to verify the amount of citizen lawsuits, public civil actions and writ of mandamus in those courts during the period from January 1, 2019 to October 22, 2019 and, then, a comparison was made between these legal instruments to verify its environment protection effectiveness, showing the data through graphics. The methodology used in this paper was, mainly, bibliographic, doctrinaire and electronic researches, as well as legislation and jurisprudence. It was concluded that the citizen lawsuit as an instrument of state control is rarely used, noticing that the main problem about the citizen lawsuit in the Brazilian legal system it’s related to the State's duty to raise awareness of the role of society itself in defending its rights, which is not being properly fulfilled.