A aplicação da mediação à resolução de conflitos ambientais

Abstract

The slowness of the judiciary, the difficulty in producing evidence and technical questions are more chargeable in the environmental area due to the irreversibility of almost all environmental damage. Therefore, it is necessary to think of a faster, more efficient and participatory alternative than the judicial process, such as mediation is marked by the autonomy of the piece in the construction of the conflict solution, which results in a greater commitment to the obligations assumed. In this sense, this research seeks to discuss the object of mediation in order to verify if the unavailable nature of the right to the ecologically balanced environment is an obstacle to the application of this mechanism. As the definition of method is directly related to the research problem, the hypotheses and the objectives, it was chosen as a method of approach to develop the chosen theme, the deductive method, because the first chapter addressed the mediation and general aspects of the legal framework , as well as the second chapter discussed Public Civil Action, a procedural instrument aimed at environmental protection, to present in the last two a proposal for mediation applied to environmental conflicts. It is a qualitative research and, in this perspective, after reading the selected bibliography and the bibliographic review, we invested in the empirical approach of the object. The data collection instrument chosen was the questionnaire, with open questions, to find out the opinion of magistrates, prosecutors, lawyers and teachers on environmental mediation, and data collection, whose sample is small, on environmental ACPs judged in 2017 at the TJ / SP Environment Reserved Chambers. It was found that the advantages of mediation in relation to the judicial decision are not only identified from a quantitative perspective, translated into speed, but also from a qualitative perspective, greater commitment by the parties to the agreed solution, as they are the ones who have the power to decision.It was found that the advantages of mediation in relation to the judicial decision are not only identified from a quantitative perspective, translated into swiftness, but also from a qualitative perspective, a greater commitment of the parties to the agreed solution, since they hold the power of decision. It was concluded that the unavailability of the environment right does not prevent the negotiation, not in the sense of renunciation or disposition on the right, but in relation to the best way to protect it or to materialize it, once that the slowness in the environmental area might lead it to perish.