A mediação transnacional para o alcance da sustentabilidade na resolução de conflitos decorrentes de danos ambientais na bacia do Rio Amazonas

Abstract

This Thesis is part of the Line of Research “State, Transnationality and Sustainability” within the area of concentration “Constitutionalism, Transnationality and Sustainability”, of the Doctorate course of the Stricto Sensu Postgraduate Program in Legal Science at Univali. It investigates the possibility of using transnational mediation to achieve Sustainability in resolving conflicts arising from environmental damage caused by large enterprises in the Amazon Basin. The problem arose after the implementation of two hydroelectric plants on the Madeira River, in Rondônia, with the possibility of expanding to new projects
in the region, such as the construction of another Brazil-Bolivia hydroelectric plant. Thus, the general scientific objective of this work is to propose an alternative that will minimize the impacts of this progress, as it must be sustainable, if not unjustifiable. The specific objectives of this work are to identify the elements of transnationality and their use, and to consolidate the  principle of environmental solidarity; to analyze the need for development of the regions covered by the Amazon Basin and characterize environmental conflict; and to elaborate a model of intervention, state or non-state, through transnational mediation, when there is risk of environmental damage occurring in the Amazon Basin or when such damage has already occurred, especially that caused by large enterprises. The thesis is divided into four chapters, which address: transnationalism, environmental damage caused by large enterprises in the Amazon Basin, mediation and other means of conflict resolution, and transnational mediation. The scientific method of approach chosen for the research phase was the inductive one. The  techniques of referent, category, operational concept, bibliographical research and annotation were used. The report ends with the conclusions, which confirm the research hypothesis that transnational mediation is an effective methods for achieving sustainability when resolving environmental conflicts caused by large enterprises in the Amazon Basin.