Poder judiciário estadual e sustentabilidade: o aprimoramento dos mecanismos de solução de conflitos ambientais no estado do Tocantins

Abstract

Despite the insertion of the constitutional right to a healthy and balanced environment and the preservation of the ecological balance of duty in the list of fundamental guarantees, must be experienced globally the most serious environmental crisis ever recorded in human history. The volume of offensive behavior to sustainability and the complexity of problems rise gradually. In such a compass, growing social awareness about the legal protection of the environment positively valued in its four aspects (natural, urban, cultural and labor), which results in a strong tendency to seeking judicial solution to the conflict, even with the high congestion charge of the justice system. Emerge hence the urgent need to improve the approach tools and conflict resolution traditionally used by the judiciary, which is responsible for the difficult task of telling the right and restore social peace. This dissertation presents the practical arguments and theoretical foundations that support the professional proposal to open two fronts improvement of the state court action, harmonized at constitutional provision of access to justice in its widest and appropriate national treatment policy on conflicts of interest the National Council of Justice (Resolution No. 125 of 2010), consisting of: (1) creation of Judicial Centres of Conflict Resolution and Citizenship in Environmental Matters and (2) specialization of Environmental Legal Units. Objective up with the proposal to increase the quality levels (efficiency and effectiveness) the resolution of disputes involving environmental issues, expanding and strengthening the application of constitutional guidelines of sustainable public administration, in search of the consecration of the State Environmental Law, of so as to contribute at the same time, with the realization of human rights and the work of reversing the very grave scenario of local ecology degradation, regional and global.