Ministério Público do Estado de São Paulo e a democracia ambiental: estudo empírico nos municípios de São Carlos e São José do Rio Pardo (2016 - 2023)

Abstract

Social participation in the formulation and oversight of environmental public policies constitutes one of the pillars of participatory democracy and the realization of socio-environmental rights enshrined in the 1988 Brazilian Federal Constitution. Despite the existence of a relatively advanced legal framework, the practical implementation of participatory instruments in Brazil faces several obstacles, such as excessive technocratization of procedures, limited access to information, low representativeness of marginalized populations, and the recurrent symbolic formalization of deliberative spaces. In this context, the Public Prosecutor's Office plays a strategic role as a promoter of collective rights and a potential facilitator of citizen participation. This research aims to analyze the mechanisms of social participation promoted or mediated by the São Paulo State Public Prosecutor’s Office in the municipalities of São Carlos and São José do Rio Pardo, between 2016 and 2023, with a focus on the environmental field. It seeks to understand the extent to which the institution has contributed to the realization of democratic environmental governance, identifying its limitations, recurring practices, and potentialities. The study adopts a mixed-methods approach, combining a review of key theoretical literature with the normative analysis of constitutional and infra-constitutional legislation. It also employs descriptive and comparative methodology, based on the examination of 401 environmental civil inquiries initiated in the two judicial districts. The data were systematized using descriptive statistics techniques and organized into thematic charts, allowing the identification of patterns, gaps, and trends in the use of participatory mechanisms. The results indicate that, although the Public Prosecutor’s Office performs a relevant oversight and normative function, its role as a promoter of environmental social participation remains limited. Popular participation in the analyzed procedures is infrequent, often restricted to anonymous or indirect manifestations, and the incorporation of instruments such as public hearings, consultations, and deliberative meetings is rare. The absence of institutionalized policies for the inclusion of peripheral populations and traditional communities was also observed, as well as the prevalence of legal practices with technical language inaccessible to most of the population. The study concludes that, beyond legal formalities, the promotion of substantive environmental democracy depends on strengthening the institutional role of the Public Prosecutor’s Office as a space for listening, mediation, and dialogue with civil society. The research highlights the need for investments in environmental education, active transparency, simplification of legal language, and the articulation between technical and popular knowledge. Such measures are essential to transform participatory mechanisms into effective instruments of environmental justice and the promotion of the common good.