RESPONSABILIDADE AMBIENTAL E PARTICIPAÇÃO POPULAR: COMENTÁRIOS AO ARTIGO 12, 1, DA DIRETIVA 2004/35/CE.

This article, based on the Risk Society Theory (Ulrich Beck), is focused in n.1, 12th article of Directive 2004/35/CE of the European Parliament, about environmental liability, and intends its analysis from the perspective of Public Participation Principle in environmental decisions. Based on the inductive investigation method, the paper first discusses about the democratic quality of legal dispositive; second, it makes a comparative interpretation with Aarhus Convention, searching for indicate incongruences between the legal documents. In the end, it concludes that this legal dispositive is inadequate for a shared environmental risk administration. [ABSTRACT FROM AUTHOR]