PUBLIC DEFENDER'S ROLE IN ENVIRONMENTAL ARBITRATION

Abstract

Background: According to the doctrine and the National Council of Justice, the Judiciary is not the only way to access Justice, and today there is a system called multiport. In this perspective, in recent years, one of the institutes that has gained the most prominence is arbitration, involving the most diverse areas of law, justifying the analysis of its appropriateness in disputes related also to the environment, despite the consideration, in the first analysis, it is a diffuse and unavailable fundamental right. However, there are economic and material consequences of environmental damage, which can be dealt with by arbitration. Objective: The objective of this article is to verify if it is possible and, if so, the possible contours of the Public Defender's Office in environmental arbitration in favor of the disadvantaged. Method: The method adopted for the elaboration of this article was the hypothetical-deductive one, being the research, regarding the procedure, bibliographic and jurisprudential. Results: The research concludes that the Public Defender's Office must act at all stages of the procedure, including before its election, providing an equalization of "weapons" in the legal and economic fields, as a result of the constitutional guarantee of full and free legal assistance to the poorest.

Keywords

• arbitragem
• meio ambiente
• hipossuficiente
• acesso à justiça
• defensoria pública