Mediação ambiental no Brasil: possibilidades e limitações na solução extrajudicial de conflitos, envolvendo o meio ambiente, a partir da experiência dos termos de ajustamento de conduta celebrados pelo Ministério Público
No Thumbnail Available
Date
2016-09-13
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
Abstract
This dissertation is intended to investigate the possibilities and limitations of the use of the mediation method on conflicts involving the environment. In this sense, the study analyzes the legal definition of environment, examines concepts and gives a brief history of laws that provide for the environmental law. Analyzes the procedural instruments used for environmental protection and studying the terms of adjustment of conduct signed by the public ministry, in the environmental area. Investigates the doctrinal and legal positions on the issue of availability of diffuse law and its relation to the extra-judicial methods for dispute settlement. Following the research presents a study about the consensual methods of conflict resolution, with emphasis on mediation, when shown the advantages of this method and its spread in other countries and in Brazil. On the presented results that point to the possibility of mediation involving environmental issues concludes with the proposal to create a camera-school mediation, in order to prepare future professionals for consensual conflict resolution, disseminate the method to society, contribute to the protection of the environment happen more quickly, legitimacy and efficiency, and to promote the culture of social peace.
Description
Keywords
Meio ambiente, Direito ambiental, Termo de ajustamento de conduta, Negociação, Direito difuso, Indisponibilidade, Conflitos, Métodos consensuais, Mediação, Environment, Environmental law, Conduct adjustment term, Negotiation, Diffuse law, Unavailability, Conflicts, Consensus methods, Mediation