A IMPLEMENTAÇÃO DO PROCESSO ESTRUTURAL NAS DEMANDAS AMBIENTAIS

Abstract

Environmental management by the Public Power takes place in three spheres: the Executive, Legislative and Judiciary Powers. The most important management is carried out by the Executive, which involves the execution of works, inspections, and the adoption of measures by the Executive Branch. The guidelines imposed by Federal Law are not always met by State and Municipal Laws. With the increasing complexity of environmental matters, complex litigation increasingly arises, involving various sciences. Such demands reach the Judiciary Power for the solution of the conflict. What is expected from the Judiciary is an effective response that meets environmental concerns, in fact bringing justice to the issue at hand. One of the problems within this equation pertains to the procedures needed to achieve the intended rights through collective processes, which sometimes prove to be insufficient and are not the most appropriate instruments to handle the jurisdiction pertinent to diffuse rights, such as the protection of the environment. The constant procedural evolution in the search for more effective instruments to achieve the intended rights brought the structural process as a solution to procedural insufficiencies. The structural process presents itself as an effective jurisdictional response to collective demands in which it is not possible to delimit all those affected by the action. The case of the environment is special compared to other diffuse rights, given that any environmental damage caused affects all living beings. Thus, it is intended to verify the viability of the techniques of the structural process in the environmental demands. The research predominantly used bibliography with Brazilian and international sources. The methodological approach used was qualitative. Finally, the results of the work show the great potential of structural processes in solving environmental demands, helping Public Policies that are in a state of systemic violation of rights to be restructured. The application of structural processes generates numerous advantages, especially procedural collaboration, resulting in faster processes, with greater efficiency and participatory decisions, ensuring effective access to justice and, consequently, delivering greater fairness in decisions.