ENVIRONMENTAL INFRINGEMENTS DISPUTES SOLUTIONS IN BRAZIL AND CANADA

• Autor(a) principal: Almeida, Daniel Freire e
• Data de Publicação: 2021
• Outros Autores: Poorhashemi , Abbas, Saleme, Edson Ricardo
• Tipo de documento: Artigo
• Idioma: eng; por; spa
• Título da fonte: Veredas do Direito (Online)
• Texto Completo: http://revista.domhelder.edu.br/index.php/veredas/article/view/1997

The purpose of this paper is to verify some possibilities applicable in Brazil and Canada, with literature review from both countries, in which the peaceful settlement of disputes is used in the solution of environmental conflicts. The question that arises is whether the two countries apply this formula in order to make a proper justice and whether laws are in accordance with that purpose. In Brazil, Resolution n. 125 of the National Council of Justice and Joint Normative Instruction n. 2 (2020), allow the use of alternative solutions of controversies. Canada also allows the provinces the power to facilitate this practice in order to assist the Judiciary to establish justice more specialized. This research is based on Canadian experiences that are compatible with the Brazilian legal system, and that can offer examples of offense to the environment. In light of the research, the work provides a glimpse of the advantages of alternative means such as extrajudicial settlement of disputes, which were resolved as mere “tort” in common law in Canada. In this study there are systemic reflections, with a focus on comparative law. The final considerations highlight how these mechanisms generated better solutions, increasing the efficiency of justice of countries involved.