Aplicação do termo de ajuste de conduta na reparação do dano ambiental

Abstract

Given the contemporary constitutional provision, which reinforced the need to maintain the environment, and requiring the legal alternative possibilities in relation to the protection and resolution of conflicts provided for in our legal system, it is possible to use the term of adjustment of conduct as a quick way of repairing environmental damage. With the emergence of the development process being increasingly broad to meet human needs, the term of commitment to adjust conduct emerges as an alternative for the preservation of the common good. The relevance lies in understanding the commitment to adjustment of conduct as an instrument in the resolution of conflicts for a more effective protection and reflection, on environmental issues. The issue of non-compliance has been addressed in the event that the obligations are not effectively completed when formulating and approving. The objective of the work was to identify the uses of the adjustment term in case of environmental damage in order to use the judiciary less effectively. The methodology occurred through descriptive and exploratory bibliographic research, where we sought identification through jurisprudence and analysis of terms of conduct adjustment formulated by the most diverse federative entities of the State. Subsequently, we sought the explanation of related and incorporated concepts for the formulation and identification of environmental damage and necessary to make up the term of conduct adjustment, with mention of environmental principles and the issue of education. An explanation was made about the term of adjustment in its concepts, elements, legitimacy with judgments and civil liability, according to the interpretation of several indoctrinators. Finally, it is concluded that the conduct adjustment term is a widely used usable mechanism, in matters of repair of environmental damage, under the issues of education and punishment.