Métodos consensuais de solução de conflitos ambientais: entendendo as razões da baixa utilização no estudo comparativo entre teoria e prática

Abstract

The objective of this work is to understand the reasons for the low use of the consensual methods of solution of controversies of the environmental conflicts in Brazil. Several benefits of this job are constantly disseminated for the solution of business disputes, consumers or relatives. But they are scarce in environmental conflicts, so understood: the natural environment, artificial, cultural and work. There are different indications that support this analysis: the large number of parties involved, public and private; the complexity of the conflict dimension; the challenging definition of the limits of the diffuse and collective rights transaction, the absence of stimulus and promotion by the legal operators, among others. In order to reach this result, the dissertation elaborated a comparative study between theory and practice based on two atypical environmental conflicts: indigenous damages caused by the fall of the GOL aircraft in the Xingu National Park in 2006, in the Amazon Forest; and the numerous environmental damages caused along the Rio Doce basin, with the disaster in Mariana in 2015. National and international doctrines, Brazilian legislation and European directives also contemplated the methodology employed in the present work. With this, it was possible to go through unfolding the application of these mechanisms to environmental conflicts, to punctuate the differences of these to other diffuse and collective rights as well as to present a mosaic of possible solutions so that in each conflict it is possible to construct a design of solutions more appropriate to the parties and the objective pursued