A utilidade das convenções processuais e da autocomposição como modelos de designs resolutivos no âmbito da tutela do direito coletivo ambiental

Abstract

In the Brazilian legal system, the protection granted to the environment is carried out through a broad normative protection, provided for at the constitutional and infra­constitutional levels, which defines the need for full reparation for damages or threats that may be perpetrated against such rights. In a social context of repeated violations of the environment, the collective judicial litigation process is inadequate to resolve these conflicts, especially for adopting a markedly rigid, slow and bipolar procedure. It so happens that the high complexity of environmental conflicts requires the search for new and flexible instruments, capable of meeting the needs of the concrete case and reconstructing the multiplicity of affected rights, in their material and moral dimension. In this sense, the research aims to verify whether contract procedural and alternative dispute resolution ­ already institutionalized in the national legislation ­ are the legal means to bring the Dispute System Design, existing in North America doctrine and practice, to the scope of the Brazilian environmental collective law. Considering that the intended object of study is interdisciplinary, the appropriate methodological approach is the legal­dogmatic and the type of hypothetical­deductive reasoning. The methodological strategy selected for the investigation is theoretical research, accompanied by the study of two emblematic cases. At the end of the research, the raised hypothesis is proven, confirming, further, the usefulness of contract procedural and alternative dispute resolution as resolutive design models within the scope of the protection of collective environmental law, in order to achieve a due legal process, appropriate to the empirically verified conflict.