ARBITRATION FROM THE PERSPECTIVE OF ENVIRONMENTAL DAMAGE
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Abstract
This research analyzes the (in)applicability of arbitration when faced with conflicts arising from individual and collective environmental damage. Thus, using the deductive method and bibliographical, legislative, and doctrinal research techniques, we sought to answer the following question: is it possible to use arbitration to resolve individual and collective damages resulting from environmental harm? This research is justified by the importance of environmental protection, as preserving the environment is a collective right and duty for current and future generations. Likewise, arbitration is a complementary process to state jurisdiction that is constantly being developed and improved in the Brazilian legal system, especially in environment matters. In conclusion, the use of arbitration in Environmental Law is limited to available patrimonial conflicts, making it inapplicable when the dispute involves the environment as a diffuse and unavailable right.
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