The Judicialization Public Policies Aimed to Control of Noise

Abstract

The noise pollution crime is not deserving due attention of the Courts of Justice of Rio Grande do Sul . It can be observed that the legislation aims to curb this type of offense to the environment it is not being applied the way it should , since there decisions steeped in the theories criticized by Ovid Baptista on the process of subsumption of a "case" in the rule, and Klaus Bosselmann where environmental degradation is relevant only cause serious damage, restricted to the penalization of individual rights , being labored to identify the degradation when it reaches the community.

Keywords

• Direito ambiental. Poluição sonora. Judicialização. Degradação ambiental. Qualidade ambiental.