The structural public civil action of lagoa da conceição

perspectives of systemic ecological governance

Abstract

The effective implementation of an Ecological Rule of Law, maximizing environmental protection, asks for a paradigm shift from the current cartesian fragmentation to a systemic and complex view of Environmental Law, as well as adequate and effective procedural instruments. The traditional model of jurisdictional action is no longer capable of sufficiently dealing with complex conflicts, that is, those that put multiple social interests on a collision course, all of which are worthy of protection and are themost striking features of environmental disputes. The concept of structural process emerges, understood as one that aims to implement a fundamental right, carry out/restructure a particular public policy and/or resolve complex disputes. In processes like these, the precept ordinarily indicates a result to be achieved and the way to achieve it (cascade decisions). The research intends to discuss how and to what extent the use of the structural process model enhances the protection of the environment, contributing to the effective implementation of an Ecological Rule of Law, especially in the case of the Structural Public Civil Action of Lagoa da Conceição, in the city of Florianópolis, in the State of Santa Catarina, in southern Brazil. In order to do so, exploratory and qualitative research was used, with bibliographic sources and, through the inductive method, it carried out the study of the Structural Public Civil Action of Lagoa da Conceição, with the scope of analyzing the effectiveness of the EcologicalRule of Law, ecological governance and justice.