MINORAÇÃO DOS DANOS AMBIENTAIS POR MEIO DE FAST-TRACK A PARTIR DA CONSENSUALIDADE
MINORAÇÃO DOS DANOS AMBIENTAIS POR MEIO DE FAST-TRACK A PARTIR DA CONSENSUALIDADE
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DOI: https://doi.org/10.22533/at.ed.448112615051
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Palavras-chave: Conflitos ambientais, Resolução, Fast-track.
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Keywords: Environmental conflicts; Resolution; Fast-track.
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Abstract: The article analyzes the environmental protection established by the 1988 Federal Constitution, which recognized an ecologically balanced environment as a fundamental right of a diffuse nature, imposing upon both the State and society the duty to preserve it for present and future generations. Although there are legal norms and public policies aimed at environmental protection, the text highlights that judicial and administrative delays often undermine the effectiveness of these guarantees. Given this scenario, the study proposes the use of expedited mechanisms for resolving environmental disputes, referred to as fast-track measures, based on administrative and judicial consensuality. Such instruments may be implemented through Terms of Adjustment of Conduct (TACs), administrative agreements, mediation, and conciliation, prioritizing environmental damage remediation, administrative efficiency, and faster solutions than those achieved through lengthy judicial proceedings. The research adopts a deductive method and bibliographic review to examine the possibility of applying these mechanisms both in judicial disputes and in administrative environmental control procedures. It argues that consensuality, strengthened by recent legislative amendments such as Law. 13,655/2018 and federal decrees focused on environmental conciliation, represents an important instrument of public governance. It is concluded that fast-track measures may reduce the impacts of environmental degradation, accelerate the recovery of affected areas, and enhance the effectiveness of socio-environmental public policies. Therefore, the adoption of consensual and expedited solutions is consistent with democratic principles, administrative efficiency, and sustainability, contributing to environmental preservation and the intergenerational protection of natural resources.
- Fernanda Cláudia Araújo da Silva
- FERNANDA CLÁUDIA ARAÚJO DA SILVA FERNANDA CLÁUDIA ARAÚJO DA SILVA