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Mediação socioambiental como método adequado de resolução de conflitos para (re)estabelecer o mínimo existencial ecológico nas hipóteses de desastres ambientais
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pietro, Josilene Hernandes Ortolan Di Machado, Edinilson Donisete Alves, Fernando De Brito |
| Copyright Year | 2019 |
| Abstract | The international agenda of the twenty-first century was marked by discussions involving the protection of the right to the environment ecologically balanced. In Brazilian law, the issue was revealed in the light of the constitutionalisation of this right as a fundamental right, based on the dignity of the human person, based on an integrative dimension of the environment, which erected beyond natural aspects, socioeconomic aspects, quality of life. However, the harmonious relationship between development, economy and sustainability remains fragile and unbalanced. In order to do so, we will analyze the environmental disasters that occurred in Brazil in 2015 and 2019, highlighting the treatment given to human victims and nature due to the social and environmental damages suffered. The objective is to analyze the feasibility of extrajudicial tutelage as a mechanism to promote access to justice and as a way to ensure effectiveness in the jurisdictional provision in case of litigation arising from these disasters, especially socio-environmental mediation, as a mechanism to promote the existential minimum ecological, while premise that the existence of a minimum level of well-being is inseparable from the commitment to an ecologically balanced environment. The method of approach was the deductive one, based on a bibliographical and legislative survey. |
| File Format | PDF HTM / HTML |
| DOI | 10.17345/rcda2618 |
| Volume Number | 10 |
| Alternate Webpage(s) | https://revistes.urv.cat/index.php/rcda/article/download/2618/2674 |
| Alternate Webpage(s) | https://doi.org/10.17345/rcda2618 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |