A eficácia do direito da acção popular na defesa do meio ambiente - caso de estudo protecção do Mangal na zona do Triunfo, bairro da Costa do Sol

Abstract

Popular action is an ancient institute that was enshrined in Roman law. In the beginning, that institute had nothing to do with environmental protection, but rather with public freedoms, the morality of authorities and the respect of those who held public positions, however, the public character of it was and is a characteristic that has always been in the essence of that institute. In the Mozambican context, popular action is a recent institute that finds its origin in the 2004 constitution. Popular action is a constitutional remedy for the defense of the community, and can be defined as a civil procedural institute, granted to any citizen as a political-constitutional guarantee (or constitutional remedy), to defend the interest of the community, by provoking corrective judicial control of acts harmful to public property, administrative morality, the environment and historical and cultural heritage. Popular action is not a type of action; It is a mechanism for extending legitimacy, procedural and procedural that provides the holder of a fundamental right to ensure the protection and implementation of a subjective and diffuse right. Furthermore, the function of the right to procedure is to instrumentalize and guarantee effective and efficient protection of the material rights that it aims to achieve, determining subjective legal positions vis-à-vis the State and third parties. In the Mozambican context, there is a lack of regulation of this procedural mechanism, which results in low use of this mechanism, leading to an almost non-existence of Mozambican jurisprudence on these matters. Therefore, it also raises doubts about its direct application in specific cases, being, for the most part, an ineffective institute for the protection of the environment