Da desjudicialização e conflitos socioambientais

Abstract

This dissertation is inserted on the general theme of dejudicialization, having as its main object the feasibility of using alternative conflict resolution mechanisms as adequate means for the composition of environmental legal disputes. The research uses the legal-theoretical and dialectical method, emphasizing the conceptual, doctrinal, ideological and mutually implicable aspects of the problem addressed. To this end, in the first chapter, the role of the Judiciary in dispute resolution is discussed, passing through reflections on its gain in protagonism and its correlation with procedural overload, loss of efficiency and problems of jurisdictional provision, as well as the changes brought about by neoconstitutionalism and the enactment of legislation to promote extra-mural judicial action. The second chapter is destined to investigate the duties of the State regarding the protection of the environment, the particularities inherent to environmental conflicts, and the challenges that they impose to the traditional procedural logic. Thus, in light of the apprehension of the treatment given by the State to socio-environmental disputes, these are the observable shortcomings in the traditional judicial process for the satisfactory solution of environmental conflicts, resulting from the challenges imposed by diffuse rights, which escape the traditional logic of the jurisdictional processes. The third chapter deals with the feasibility of applying alternative conflict resolution mechanisms in the face of environmental disputes, in the light of the particularities exposed in the preceding chapters. The systemic effect of the procedural reforms and the enactment of the 2015 Code of Civil Procedure is highlighted for the consolidation of a culture of peaceful resolution of environmental conflicts, as well as the importance of the action of new agents of dejudicialization in the expansion and inspection of the use of these methods. It concludes that it is possible to tread a path towards a legal culture based on pacification with justice, always leading to greater emancipation and agency of the subjects of law, as well as the effective protection of the environment, as a common interest of humanity, reducing the distance between the Constitution as a theoretical postulation and its effective externalization and irradiation in the daily lives of those under jurisdiction.