A medição como método de solução de conflitos e a eficácia na reparação do dano ambiental
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Data
2021
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Editor
Universidade Brasil
Resumo
The research suggests the insertion of mediation as a method of solving environmental
conflicts. This new alternative for pacifying disputes is an important tool for the rapid
recovery of environmental damage and/or eventual material compensation by the
polluter. Self-composition reduces the time required for demands and, logically, the
implementation of this conflict resolution mechanism seeks to build spaces of
consensus between the private sector and the Public Administration. Also, selfcomposition will reduce the judicialization of environmental issues. Law 13.140/2015
and the new Code of Civil Procedure (Law 13.105/2015) authorize that environmental
disputes be submitted to mediation. However, State bodies are still resistant to the use
of this legal tool to resolve impasses. This modality of appeasement for environmental
demands drives the exercise of citizenship through the self-composition of issues of
public interest, seeking not only to clear the judging bodies, but to demonstrate that
efficiency in solving problems that impact the environment is a duty of all. Thus, the
general objective is to analyze these new legislations related to mediation in the
environmental area and specific objectives to demonstrate that the judicialization of
conflicts is not the best option in environmental protection due to the slowness of the
Judiciary, as well as to present a proposal to the Universidade Brasil become a
mediation chamber on environmental issues. The study was carried out through
theoretical bibliographical and documentary research, and with the adoption of the
analytical explanatory method. As a result, the State must reorganize the methods of
environmental repair in a complete, quick and safe way because the community and
future generations cannot be penalized by the State bureaucracy.
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Resolução de conflitos, Degradação ambiental, Lei 13.140/2015