Estratégias para implantação de câmara de mediação socioambiental na gestão do Instituto de Proteção Ambiental do Amazonas (IPAAM)

Abstract

The objective of producing this thesis was to suggest strategies for the implementation of a socio-environmental mediation system as a self-compositional method suitable for resolving administrative conflicts in an extrajudicial format, based on the application of current legislation, as well as the adoption of mediation techniques in management of the environmental agency at the Institute of Environmental Protection of Amazonas (IPAAM), according to the plans, methods and organization of the environmental management system. The research carried out resulted in the validation of the efficiency and effectiveness of the application of the mediation institute, in line with the application of the environmental legislation in force in the state of Amazonas. To enable the practice of such an institute, we sought to operationalize the training of 34 mediators with a profile to understand the environmental problems of the Brazilian Amazon, and it is expected that these will be the subjects that facilitate the resolution of specific and endogenous conflicts in this region. Thus, it was verified that socio-environmental mediation, following the already institutionalized legal parameters, as well as considering the important regional nuances, can contribute a lot to more adequate solutions to the urgencies of environmental protection in the State of Amazonas. It was possible, based on the results obtained by applying a specific methodology, to achieve the objectives defined by the legislation, in order to promote the effective solution of environmental conflicts. In order to improve socio-environmental mediation, which can be applied to the demands that come to IPAAM, we also sought to compare it to other methodologies, such as the case of Harvard mediation, which focuses on the execution of the practice of negotiation mediation, including with regard to environmental conflicts, based on established internal guidelines. It is important to highlight that it was demonstrated that the application of the methodology chosen for the research made it possible to examine and monitor what would be the behavioral skills and specific knowledge needed by IPAAM employees involved in socio-environmental mediation, so that the proper institutionalization of this practice in the environmental area can be promoted. . In order to corroborate the hypothesis raised by the research and to examine the data necessary for its testing, 20 environmental administrative processes, made available by IPAAM, were analyzed, aiming to understand, in practice, how the complexity of socio-environmental conflicts conforms, based on a technical analysis under the aspect of the principles of efficiency, precaution and resilience. It was also understood that it is necessary for the Public Prosecutor's Office to reorganize itself in accordance with its internal rules, aiming to adopt a differentiated conduct and in harmony with its functions, with regard to socio-environmental mediation as one of its essential functions, which is aimed at solving efficient resolution of conflicts in this area, in order to create, in an institutional way, a specialized nucleus. It was also intended to verify the possibility of adopting the participation of a special figure in the practice of socio-environmental mediation, who should be well acquainted with the technical environmental areas and who could also formulate impartial opinions regarding the understanding and application of the best solution to the conflict. mediated socioenvironmental. It was evident that the mechanisms proposed by the research carried out are dimensioned by the traces of the investigation that was carried out in its course, from the formulation and application of a questionnaire in the legal and administrative sector of IPAAM, through which 12 interviewees were heard who took a position on the need of deepening the knowledge of the technique of mediation, considered essential for its implementation. It was also necessary, as an essential practice, to have a more technical approach regarding the possibility of formulating agreements arising from socio-environmental mediations, since they can bring several benefits, such as greater speed to processes already in progress or even before their proposal. and raising awareness about the urgent need to protect the environmental goods offered by nature in the Amazon region. Finally, it reinforces the importance of the proposal of this thesis being able to instrumentalize, in a technical-scientific and practical way, the legal and technical-environmental advisors of IPAAM in the solution of socio-environmental conflicts, being essential to take into account the innovations of the environmental legislation , so that IPAAM can optimize and operationalize its results, in a scientific way, within its techniques and daily practices of inspection, control and environmental monitoring, all of this combined with negotiated socio-environmental mediation. Thus, it is stated, based on the research that was carried out, that it is possible and necessary to institute mediation in IPAAM through the application of the technique of self-composition of conflicts in this field. Finally, the research hypothesis is confirmed and validated in the sense that it is important to have a Social-Environmental Conciliation and Mediation Center, specialized in self-compositional solutions negotiated in this area, in accordance with the public policy institutionalized by the CNJ, in structure of IPAAM, such as structural and extrajudicial mediation.