Conflito ambiental judicializado: uma análise da praia da Cinelândia no litoral aracajuano - Sergipe/Brasil

Abstract

The general objective of this research is to analyze, in the light of environmental ethics, the judicial decision rendered due to the conflict established between the traders, owners of "péna-areia" tents, located in the strip of Praia da Cinelândia, in the Municipality of Aracaju. , currently responsible for managing the space, represented by the Municipal Urban Services Company (EMSURB) and the Union. The hypothesis worked is that the principles of environmental ethics are ignored in the reasoning of the judicial decision. The specific objectives are: i) Map the lawsuit that deals with the environmental conflict that took place in Praia da Cinelândia, identifying the actors and the motivations for their actions; (ii) Discuss how the conflict became the subject of the lawsuit; and iii) Reflect on the way in which this conflict was handled by the judiciary from the perspective of environmental ethics. This is an exploratory and descriptive research; bibliographic and documentary; qualitative and crosssectional. The technique of content analysis is used. Since the demand for the judiciary is a confirmed reality, it is essential to discuss the subject, seeking to launch a different, broad and interdisciplinary look at environmental judicialization in the State, through the analysis of judicial decisions in their interaction with environmental ethics. In view of these results, the first hypothesis, of insertion of society in the political discussion, was confirmed. However, the hypothesis, that the principles of environmental ethics are ignored in the reasoning of the judicial decision, was confirmed. With this dissertation it is expected to open the way for the accomplishment of new researches that analyze the effects of the decisions of the Judiciary in the State of Sergipe that involve the environment.