A arbitragem como método adequado de solução de conflitos ambientais

Abstract

With the world’s constant evolution and development, the environmental crisis becomes more and more recurring, just as the pollution rises to alarming levels and with little effort to be diminished if the States and global society don’t show more aptitude to resolve demands that encompass environmental damage. The international arena admits, and even more, encourages, the resolution of environment queries through cooperation via non-judicial means, for these are faster and more capable of molding the procedure to the concrete case within the demand. The corresponding legal apparatus of the States, specially the Brazilian one (analyzed in this thesis through the lenses of the hypothetic-deductive method), together with the jurisprudential culture, turn their focus to the possibility of mitigation of the environmental damage with alternative methods of conflict resolution, in special case for this work, the arbitration. To do this, the work elucidates the concepts of environmental damage, the principles of Environmental Law within the Brazilian Federal Constitution of 1988 and the international arena, as well making considerations about arbitration, environmental right’s availability and actors involved in this conflict resolution method