出版社：Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要：This text examines and criticizes recent Brazilian Supreme Court verdict, not in definite yet, which judges legitimate the financial Compensation National System of Units of Natural Environment Conservation (SNUC) although giving partial origin to the direct action brought by the national industry confederation in order to “declare the unconstitutionality of expressions indicated in the relater’s readjusted vote”. The illegitimacy of legal prevision would be in the fact that the refereed compensation value “should be fixed proportionally to the environmental impact, after study in which adversary and legal defense are asseverated, prescinded the “percentage fixation on the costs of enterprise”. The act 9985, 2000, 18th july, created the national system of units of conservation in which units of “integral protection group” are inserted (art. 8º). The act determines the payment of a compensation to support them and its implantation and manutention will affect the respective receipt (art. 36, CAPUT). The text discuss the possibilities of interpretation of general clauses related to the case, boarding the limits of judicial power action and suggesting the best solution for the concrete case.
其他摘要：This text examines and criticizes recent Brazilian Supreme Court verdict, not in definite yet, which judges legitimate the financial Compensation National System of Units of Natural Environment Conservation (SNUC) although giving partial origin to the direct action brought by the national industry confederation in order to “declare the unconstitutionality of expressions indicated in the relater’s readjusted vote”. The illegitimacy of legal prevision would be in the fact that the refereed compensation value “should be fixed proportionally to the environmental impact, after study in which adversary and legal defense are asseverated, prescinded the “percentage fixation on the costs of enterprise”. The act 9985, 2000, 18th july, created the national system of units of conservation in which units of “integral protection group” are inserted (art. 8º). The act determines the payment of a compensation to support them and its implantation and manutention will affect the respective receipt (art. 36, CAPUT). The text discuss the possibilities of interpretation of general clauses related to the case, boarding the limits of judicial power action and suggesting the best solution for the concrete case.
