Métodos de solução consensual dos conflitos na administração pública ambiental: uma via à efetividade
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2020-12-21
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Universidade Federal de Goiás
Resumo
This is a dissertation, developed in the Master in Law and Public Policies of the Federal
University of Goiás, which seeks to evaluate the methods of consensual conflict resolution
within the scope of Public Environmental Administration as a path to effectiveness for
guaranteeing the constitutional right to the ecologically balanced environment, provided in
art. 225 of the Federal Constitution. Thus, the study begins with a review of the traditional
approach of Administrative Law, reaching the consensual Public Administration paradigm. The
study then proposes a specific analysis of the environmental administrative process, an
institute that is essential for the protection of the environment, also focusing on the current
rules that provide the consensual solution of conflicts, focusing on the Complementary Law of
the State of Goiás n ° 144/2018. An approach is taken about the concern with the
environment, the main milestones to guarantee its protection, as well as the theory of the
Right to the environment ,in order to demonstrate the role of the administrative process for
the realization of this right. Afterwards, using all the bibliographic review undertaken, the
research investigates how the consensual solution of conflicts has been used to guarantee
effectiveness in protecting the environment, by studying the reality in practice. The adopted
methodology to the development of the research was a qualitative research with a
bibliographic review approach for the development of theoretical questions, with the aid of
semi-structured interviews and documentary analysis of agreements formulated in
environmental matters, as an empirical proposal, in order to make a counterpoint between
theory and practice. The research concluded that, through the analysis carried out, that it is
possible to list three main advantages of the consensual resolution of conflicts involving the
Environmental Public Administration, that is, the conflict is decided through dialogue, the
decision will be legitimate insofar as it is built through a democratic process and the
procedure will be faster and consequently more economic.
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MASCARENHAS, L. M. A. Métodos de solução consensual dos conflitos na administração pública ambiental: uma via à efetividade. 2020. 162 f. Dissertação (Mestrado em Direito e Políticas Públicas) - Universidade Federal de Goiás, Goiânia, 2020.