Utilização dos negócios jurídicos processuais como instrumento de efetivação da tutela jurisdicional ambiental

Abstract

Shrimp farming, an activity that, on the one hand, presents potential for regional development through the generation of employment, income, and food production, on the other hand has given rise to complex environmental problems that are consequently difficult to resolve. Environmental disputes arising from this activity have resulted in public civil actions filed by the Public Prosecutor’s Office, which have taken a considerable amount of time to reach completion. In this context, the use of procedural techniques better suited to the resolution of such environmental disputes is essential, as they involve the protection of present and future rights of the entire population. Through a qualitative and quantitative approach, this research aimed to analyze the feasibility of using procedural legal agreements (negócios jurídicos processuais) as an instrument for the effective enforcement of environmental judicial protection in judicial proceedings that discuss the legality of shrimp farming in the municipality of Nossa Senhora do Socorro, State of Sergipe (SE), Brazil. To this end, it was necessary to identify the procedural difficulties that hinder the effective resolution of judicial proceedings addressing the legality of shrimp farming in the municipality of Nossa Senhora do Socorro/SE, through the examination of court records. In addition, a sustainability index was established within the scope of the Public Civil Action that discusses the legality of shrimp farming in the municipality of Nossa Senhora do Socorro/SE, based on the definition of indicators related to the environmental, social, and legal dimensions of shrimp farming, using the methodology proposed by Calorio (1997). Finally, the study analyzed how the institute of procedural legal agreements can be applied in Public Civil Actions aimed at protecting the environment. The research isstructured into three complementary studies. The first study consisted of a systematic literature review on procedural legal agreements. The second study focused on determining a sustainability index within the scope of the Public Civil Action that discusses the legality of shrimp farming in the municipality of Nossa Senhora do Socorro/SE, based on the definition of indicators related to the environmental, social and legal dimensions of the activity, in accordance with the methodology proposed by Calorio (1997). Indicators IJ1 (time to judgment), IJ2 (court-appointed expert evidence), and IS1 (legal aid) exhibited the highest levels of unsustainability, with the legal dimension standing out as the most unsustainable among those analyzed. The third study integrated the previous chapters and presented models of procedural legal agreements derived from the results obtained. The findings demonstrated the potential of procedural legal agreements as an instrument capable of providing greater effectiveness and procedural efficiency in judicial proceedings, without compromising the quality of outcomes, with positive effects both for environmental protection and for society. Moreover, the identification of the sustainability index proved to be a fundamental element for the development of procedural legal agreements aligned with the social, environmental, and legal realities of the activity under analysis.