Processo estrutural e meio ambiente: novos paradigmas para o trato judicial dos bens ecológicos

Abstract

This dissertation aims to investigate whether the Structural Process is a legal instrument capable of breaking the prevailing environmental paradigms to obtain new levels of ecological protection. The research is relevant in order to think about new mechanisms that allow the Law to effectively face the ecological consequences of the Anthropocene period, characterized by the direct interference of human action in the balance of natural and biological processes. The instrument used by Law to face the dynamic and complex reality of man's relations with the environment must break with the dominant anthropocentric logic, founded on a colonization of power favorable to industrial and financial interests, in addition to overcoming bureaucratic procedural obstacles incompatible with the protection of environmental assets. Currently, it is possible to say that in the Brazilian reality the problem of degradation of ecological systems is not adequately addressed, given that new environmental disasters are routinely reported. Our reality also shows the budgetary strangulation of the institutions responsible for the inspection and implementation of environmental public policies. In this sense, the investigation was directed to answer the following research problem: the Structural Process, which is characterized by the construction of dialogic judicial decisions of supervised execution, is able to exercise the rupture with the anthropocentric logic of the capitalist/industrial matrix, in favor of of ecological processes? To answer this questioning, the deductive method of approach was used, with the aid of the theory of systemic social observation, through bibliographic and document reviews. To this end, the first chapter highlights the urgency of thinking about new mechanisms to combat violations of ecological rights, under penalty of irreparable consequences for human subsistence on planet Earth. In addition, it seeks to understand what are the unfoldings and dimensions of ecological justice, as well as the ways of reconnecting the human being with nature under a decolonial methodological bias, from the rescue of the knowledge of the native Latin American peoples. The second chapter seeks to understand the characteristics that distinguish the structuring measures from traditional procedural rituals, which includes an assessment of the potential of the Structural Process to promote the break with dominant social and economic paradigms that lead to the massive violation of fundamental rights. The third chapter aims to contextualize the systemic approach method, which demonstrates how the Law assumes the role of exercising communication between the various social systems. Finally, the fourth chapter aims to demonstrate the characteristics and potential of the structural process, which, due to its dialogic nature, can consolidate the Judiciary as a more open institution for the democratic construction of strategically relevant environmental decisions. Democratic and participatory support, when exercised effectively, is capable of helping to build important judicial decisions in reversing the anthropocentric logic of action. It is concluded that the Structural Process has the ability to deal with complex environmental issues and break with the prevailing predatory logic from the dialogic construction of jurisdictional provisions. However, it appears that this will occur gradually, as the Judiciary is called upon to resolve strategic demands in environmental matters. In a scenario where economic development has as its purpose the emancipation of man in relation to nature (often supported by the unlimited exploitation of natural resources), strategic decisions in environmental matters must be guided by the principles of Precaution and Intergenerational Equity, in a way that to bring man back to nature. In this sense, the research sought to value the environmental construction already carried out in recent decades, recognize what is on the agenda and promote reflections on everything that can still be achieved through the improvement of institutional action in protecting the environment.