Responsabilidade do poder público pela inefetividade do termo de compromisso de ajustamento de conduta firmado: Estudo do caso petcoke e o impacto ambiental causado nas imediações da área portuária e retroportuária do município de Cabedelo - PB

Abstract

Liability is a legal duty assigned to anyone who comes to cause harm to a third party. The damage is understood as an injury caused to a protected legal asset. When talking about environment, the damage is represented by an aggression caused by potentially polluting economic activity, either by commissive acts committed by any person or by voluntary negligence, caused by omission. This research takes an approach on the activities of the company Terminal de Combustíveis da Paraíba Ltda. - TECOP / Oxbow Brasil Energia, from 2004 to 2016, in the face of the negative impacts caused against the environment and also to the residents, due to the environmental pollution generated in the port and retroportal neighborhoods located in the Municipality of Cabedelo - PB, for the activities of unloading, storage, transportation and distribution of Green Petroleum Coke (GPC / Petcoke). It will refer essentially to the effectiveness of the signed Term of Commitment of Adjustment of Conduct, as well as the effective performance of the State in its police power, focusing on the responsibility of the Public Power as legitimized active of the term of commitment of conduct adjustment.