Limits and possibilities of judicial intervention in environment public policy: an analysis of the positioning of the brazilian courts

This article aims to demonstrate the limits and possibilities of the jurisdictional action on lawsuits that deal with public policies on the environment. The study was conducted through the analysis of court decisions handed down under civil class actions filed by Prosecutor's Office. As a final consideration, it was possible to identify that the issue is not settled. Some decisions recognize that judicial intervention is not a violation of the principle of separation of powers and the possible reservation clause, but others not. However, this article defends as balanced and reasonable the judicial reasoning guided by the possibility of judicial action due to the violation of the right to the environment, but at the same time, take into account the budgetary constraints of the government. The research method was deductive. The techniques of research used were bibliographical and jurisprudential analysis.