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This research analyses the results on damage recomposing in Permanent Preservation Areas located in cities that integrate the Meia Ponte River basin, in Goiás, by verifying the Alternative Dispute Resolution Agreements (ADRs) in which public prosecutors take part in order to evaluate if their work produces sensible results when the ecological role of these areas is considered. The research maps the judiciary districts and links them to environmental crimes committed between 2017 and 2019. By following the established criteria, it analyzes seven ADRs that were found during the research. The goal, during this step, is to examine if the agreements comply with the minimum technical quality required by Brazilian Law. Also, it identifies five rural properties belonging to the ADRs participants in order to verify them by satellite images. These images permit temporal comparison of the areas and make it possible to see if there are Permanent Preservation Areas and Legal Reserved Areas that still have to be recomposed and the proposition on doing so according to the Rural-Environmental Registration. By qualitative analyses, the research concludes that the criteria established by Brazilian Law are not sufficiently complied by the ADRs in which state public prosecutors take part. The results indicate a low utility level of ADRs in Brazil when ecological roles are considered. Important data on the parts, on the areas, and on the obligations are not mentioned or were forgotten. The restoration of the damaged areas was not verified in any of the rural properties analyzed. Public prosecutors value documents over the reality of the areas and the possibility of complying with the ecological role. [ABSTRACT FROM AUTHOR]

A força motriz deste trabalho é a busca de uma conceituação uniforme de dano moral coletivo, investigando a aplicação jurisprudencial e a apreciação doutrinária acerca deste instituto. Na crença de que a tutela da pessoa humana é o objetivo precípuo do ordenamento jurídico brasileiro, procura-se traçar o panorama atual desta categoria de danos, delineando suas peculiaridades doutrinárias, verificando possíveis incongruências entre a atuação do Superior Tribunal de Justiça e a tese defendida pelos juristas e identificando as perspectivas que se apresentam para o futuro do dano moral coletivo. O estudo doutrinário foi feito por meio da revisão bibliográfica de importantes autores do Direito Civil Constitucional. A averiguação da aplicação judicial deste instituto, em contrapartida, teve caráter empírico e deu-se por meio da leitura crítica das decisões proferidas pela 2ª Seção do STJ, bem como de uma tentativa de transformar os dados obtidos nestas decisões em estatísticas que permitam uma boa compreensão dos critérios judiciais para sua tutela.

Our modern legal system was built from large and traditional codifications of private law, with the objective of safeguarding individual liberties and rights. Furthermore, with the formation of mass society, mass conflicts have emerged, demanding that the law responds and adapts to these challenges accordingly. In retrospect, the traditional legal system was designed to resolve individual conflicts, thusly, it is no surpise that it does not provide adequate means for solving collective conflicts. From this perspective, isolating these new category of rights – diffuse rights – demands that law, with its distinguished conformations, adresses this issue in order to bring forth a solution. For this purpose, this research investigates possible alternatives constucted by our own legal system as a way to disentangle complex questions originating from diffuse conflicts – utilizing the paradigm shift as a probable means of solution, even if it derives from the microsystem whose point of departure is the environment. Moreover, the likeliness of answering these questions is directly related to the paradigmatic and systemic re-reading, as capable means of adequatly guaranteeing this segmant’s demands, as noted by the difficulties faced by the operators of the law with regard to the appropriate treatment of conflicts that involve the right to property, free enterprise and the protection of natural resources. Finally, this paper uses the deductive and finalistic method, based on literature review, with the purpose of relating it to the environment. In conclusion, this paper verified the indispensability of differential treatment for conflicts pertaining to environmental law, as a means to fulfill the legal duties of this area.

O artigo discute a possibilidade de fundamentat a proteção do meio ambiente na ideia de dignidade da pessoa humana. A questão é: todo direito dito fundamental é, de algum modo, lastreado pela ideia contemporânea de dignidade humana. É possível construir esse lastro também no caso de um direito fundamental difuso, com o direito ao meio ambiente equilibrado?

The article deals with the complexities of the globalized world facing the new position of the nation-state in the protection of human rights. The objective is to analyze the implications of the new world order in the paradigm of the emergence of ecological imbalances from the globalized society, emphasizing the importance of the human rights debate contemporaneous with the modernization of the world, as well as the interactions between man and nature of the risks posed by the numerous environmental crises. The text is developed through the use of the hypothetical-deductive method, together with the bibliographic research technique. It concludes that, in a global risk scenario, social security and cooperation dialogues among nation-states should seek to ensure the protection of environmental assets and resources through local instruments, with a view to ensuring a future for human populations. [ABSTRACT FROM AUTHOR]