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Opinión Jurídica
versão impressa ISSN 1692-2530
Resumo
LUNELLI, Carlos Alberto e MERAZ CASTILLO, Armando. Jurisdiction and alternative means for solving conflicts: a choice for environmental issues. Opin. jurid. [online]. 2014, vol.13, n.26, pp.17-32. ISSN 1692-2530.
As societies became more complex, new kinds of conflicts emerged such as the environmental ones. However, current procedural system is still governed by a positivistic legal system basically supported on legal guidelines since the same judicial structure for solving all kind of issues is still used today. As a result, a deficiency is seen with the State when dealing with protecting new rights that emerge in a society in permanent evolution. For this reason, this article established a need for using alternative conflict resolution means (such as the mediation-conciliation) as viable choices for resolving environmental conflicts as a way to get a solution through concrete measures for specific cases.
Palavras-chave : Civil procedure; environmental conflicts; mediation-conciliation.