Desastre ambientais: proteção da dignidade por meio do modelo processual diálogo-cooperativo

Abstract

The present dissertation proposes to study the essential conditions to guarantee the protection of human and ecological dignity through cooperation in judicial processes that treat with environmental disasters. Two important aspects stand out in this study: the context of increasing quantity and intensity of environmental disasters worldwide and the new dialogue-cooperative model of civil procedure adopted by the Code of Civil Procedure of 2015. Therefore, we will study the society of disasters and the advent of the Socio-environmental State of Law. The dissertation will demonstrate the difference between the types of procedural models and the multidirectional evolution of law that theoretically structured the dialogic-cooperative model, with emphasis on Robert Alexy's legal argument theory and Edgar Morin's theory of complex thought. Finally, the study will address the criticisms and challenges of this new procedural model and what are the essential conditions for its success, especially in collective environmental actions. The objective is to identify and examine the appropriate conditions to ensure the protection of human and ecological dignity through cooperation in judicial processes dealing with environmental disasters, bringing to the debate an approach not only theoretical but with practical propositions from what has been discussed.