Conflitos ambientais e soluções consensuais no Estado do Maranhão

Abstract

Environmental conflicts, which emerge from the worrying scenario of damage at the global level, are on the main agendas of international discussion. The degradation of the environment, which threatens the existence of all living beings and highlights the necessary change in habits to guarantee a dignified life for the present and future generations, warns of preventive, repressive and remedial action in a timely manner, a since the failure can result in the irreversibility of the scenario. Brazil has guidelines and norms that aim to protect the environment, guaranteeing a system of accountability in three administrative spheres: civil, with procedural mechanisms of protection through the Environmental Public Civil Action, the Environmental Collective Writ of Mandamus, Popular Action Environmental and the Environmental Injunction Writ, in addition to criminal liability, bringing sanctions to the person causing the damage according to the Environmental Crimes Law nº 9.605/98. However, whether due to the length of legal proceedings or even the recidivism in the practice of environmental crimes, the incentive to self-composition methods of conflict resolution has been evidenced in the practical context of solving environmental demands, as well as its pedagogical scope, since the national policy for environmental protection stands out with a principled basis that cannot be removed. Thus, as it is the duty of the Entities of the Federation to protect the environment, consensual solutions for resolving environmental conflicts in the State of Maranhão are discussed. The research was carried out through a bibliographic review and data collection with field research with the Secretary of State for the Environment and Natural Resources - SEMA, the 2nd Public Prosecutor's Office Specialized in Environment, Urbanism and Cultural Heritage of the Public Ministry of the State of Maranhão, Court of Diffuse and Collective Interests-São Luís and Brazilian Institute of the Environment-IBAMA. In addition, a descriptive and quantitative analysis in relation to the practices and policies of environmental education to the consensual methods of resolving environmental conflicts in the State of Maranhão.