THE RELEVANCE OF TECHNICAL PROOF IN THE ENVIRONMENTAL PROCEDURE: AN ANALIYSIS OF ADEQUACY AND IMPARTIALITY

• Main Authors: Flávia de Sousa Marchezini, Eduardo Silva de Paula
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2020-09-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: the environmental good; forensic proof; environmental legal procedure; legal principles of environmental law; environmental damage
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/45377/33447

This article relates the technical proof and the characteristics of the environmental good, demonstrating that this proof is the most appropriate and impartial for the environmental legal procedure. The characteristics of the technical proof are presented in the new Civil Procedure Code, as well as the legal principles of Environmental Law and the characteristics of the environmental good. Lastly, the interdisciplinarity between the natural sciences and the environmental process is demonstrated through the forensic technical proof, as well as its correlation with the constitutional principle of the requirement of preliminary studies, seeking material truth and the best guardianship of ecological balance.