Banca de DEFESA: MARISA DE ALMEIDA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MARISA DE ALMEIDA
DATA : 16/12/2020
HORA: 16:00
LOCAL: Sala Virtual no endereço https://us02web.zoom.us/j/86355233999
TÍTULO:

JUDICIAL PERFORMANCE IN RONDÔNIA AS A MEANS OF INTERLOCUTION BETWEEN ACTORS IN CONFLICTS IN THE SOCIO-ENVIRONMENTAL CONTEXT

PALAVRAS-CHAVES:

 Socioenvironmental. Judicial power. Human rights. Conflicts.

PÁGINAS: 98
GRANDE ÁREA: Ciências Sociais e Aplicadas
ÁREA: Direito
RESUMO:

This paper deals with judicial action in the State of Rondônia as a means of interlocution between those involved in conflicts in the socio-environmental context. The objective of the study is to describe the panorama of socio-environmental conflicts in the State of Rondônia and to propose a way for the Judiciary to act in a way that has a more appropriate treatment for these types of conflicts. A documentary research was carried out using data and indicators of socio-environmental conflicts and, in a descriptive perspective, an analysis was made of how the judiciary acts in litigation, based on decisions focused on the legal problem-issue related to socio-environmental conflicts. 63 processes related to conflicts involving the Santo Antônio and Jirau Hydroelectric Plants were analyzed, as well as to agrarian conflicts, which comprise the period from 2006 to 2020 (agrarian) and 2010 to 2020 (Hydroelectric Power Plants)
about four thousand cases. In addition, the main types of conflicts raised in the survey are related to the historical flood (2014), the Madeira River's disruption and silting up, conflicts involving fishermen (reduction of fish) and conflicts over land. As a result of the research, it was identified that most of the cases that obtained a decision at the Rondônia Court of Justice were unfavorable (72%) to those directly or indirectly affected by the works of the Hydroelectric Plants, with only 26% partially proceeding. Another fact is that divergences in decisions based on technical reports produced to identify these conflicts were found, demonstrating that technical reports, not infrequently, were not enough to convince magistrates. Another point that drew attention in the lawsuits was the fact that the riverside residents and other communities belonging to the Madeira River basin were not recognized as traditional communities, both in the initial petitions and during the proceedings, with rare exceptions. Finally, the present work sought to propose alternatives so that the judicial protection of the State of Rondônia can come to solve the demands with effective tools capable of contributing to a coherent and proportional analysis of conflicts and their socioenvironmental interferences, in addition to incorporating ecological law fundamental to support the solution of disputes. A Socio-Environmental Conflict Monitoring Center is proposed to assist civil servants and seek improvement in judicial provision.

 

MEMBROS DA BANCA:
Interno - 396810 - OSMAR SIENA
Interno - 1718398 - THAIS BERNARDES MAGANHINI
Externo à Instituição - FRANKLIN VIEIRA DOS SANTOS - EMERON