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This article aims to investigate the Brazilian legislative production on issues involving the environment and the procedural collective redress of diffuse rights. It also analyzes the advance of the theory of the accomplished fact in the Environmental Law domains and evaluates the possibility of reconciling the right to the environment with the right to housing in environmentally protected areas. To do so, we used the bibliographical analysis and the documentary research in the jurisprudential modality to verify the position of national Courts on the theme. Noticeably, a legislative advance has occurred recently on environmental collective redress. The Public Prosecutor’s Office and the Judiciary are significantly important to execute the rights provided in the legislation. Conclusively, the authorities’ omission propitiate the increase in irregular occupations in protected public areas, which results in complex demands, in which alternatives to the collective redress system should be used, allowing the participation of both public entities and the community in the process and assisting in the construction of a solution that protects the environment and meets social aspirations.

Tutela coletiva processual do meio ambiente e a teoria do fato consumado em lides ambientais