A medição como método de solução de conflitos e a eficácia na reparação do dano ambiental

Abstract

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.