Resolution Of Environmental Conflicts: The Constitutional Preamble To Experience

Abstract

Environmental conflicts, in addition to having peculiarities related to emerging issues of environmental protection, have public and private interests hampering the decision-making process, a situation which ultimately prolongs disputes and, consequently, their solution. Moreover, judicial disputes have increased judicial demand for solutions, which clutters up the judiciary and prevents adequate results such as the environmental recovery and compensation or indemnities for victims. This context, impacts sustainable development, as it comes into direct confrontation with the Brazilian Constitution’s objectives and principles based on economic, social and environmental welfare and equilibrium. In light of this, this paper demonstrates, from the methods of literature and judicial review, that mediation, as a peaceful method for conflict resolution as well as access to justice, can be an effective tool in solving environmental problems, given the commitment of the Brazilian Constitution to alternative mechanisms for peaceful settlement of disputes as described in the constitutional preamble. Therefore, this research demonstrates that there are mechanisms needing to overcome difficulties existing in the judicial system of conflict resolution and they are capable of enabling the adoption of anticipation and prevention measures in a continuous and lasting relationship of stakeholders, specifically when addressing important environmental issues.

Keywords

• Conflitos socioambientais
• Mediação
• Sustentabilidade
• Preâmbulo Constitucional