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The concern about the effectiveness of environmental protection is growing up in face of the growing awareness of society regarding the environment that surrounds them and the need for effective maintenance life on Earth. For that arise various instruments to be followed for installation of activities that may be degrading the environment, fitting into this article as a way to introduce a new regulatory instrument that is not yet regulated by a specific law in Brazil. The article has the purpose of analyzing the possible application of the Strategic Environmental Assessment (SEA) in the Brazilian legal system. Aiming to EXAMINE the significance of the SEA and its need for inclusion in the Brazilian legal system, and specific goals CONCEPTUALIZE the Institute of Environmental Impact Assessment; DEMONSTRATE the concepts and requirements of the Environmental Impact Study (EIS) and IDENTIFY the concept, requirements and applicability of the Strategic Environmental Assessment (SEA). At the methodology was used the inductive method ate the research phase; at the data processing the Cartesian method and at the research report the inductive base. Were also triggered the techniques of referent, category, operational concepts, literature research and book report. [ABSTRACT FROM AUTHOR]

This study, holding as background the conflicts that involve the environment, analyzes the fraternity principle, from the perspective of the theory proposed by Baggio, concluding that the official pattern of environmental litigations composition that exist in Brazil --solidified by the obsolete monopoly of Judiciary-- consolidated on a Law's positivism and on a competitive point of view of the society, does not contemplates the fraternity as a legal value. In other hands, the paper starts to focus the mediation, making clear that this alternative way of contest's solution not only disposes with justness to the environmental conflicted issue but --remarkably by its communicative characteristic acting and shared true-- deeply excited by the fraternity idea. The subject has been researched in the specialized literature, making sure about the precarious systematization of the mediation as management way of environmental conflicts, as well as a lack on the approach of the fraternity as juridical category of potential incidence at the environmental field. In the end, the analysis concludes that the eco mediation may appease the insertion of the fraternity component on arguing related to environmental estates, generally ruled by the radicalization and a vision of world's representationalism, contributing perhaps to the co-operation construction of a new paradigmatical systemic epistemology for conflicts solutions, that insures the emphasized roll to fraternal as imperative of conduct. [ABSTRACT FROM AUTHOR]

The Judiciary also has the basic duty of protecting the environment. Starting from this premise and using the inductive method, the article discusses the legitimacy of judicial intervention in the implementation of the fundamental ecological duties that are constitutionally assigned to Public Administration. The article is justified due to the lack of specific studies relating the judicial control of public policies with environmental issues, the increasing judicialization of environmental disputes and the strong controversy this issue still raises. It concludes that the Judiciary should be an institutional partner in the task of implementing environmental policies and that its active intervention is legitimate in case of omission by government agencies or officials. [ABSTRACT FROM AUTHOR]

The technological development has allowed man to reshape the environment, opening new risks socio-political-ecology, which requires changes in legal interpretation. [ABSTRACT FROM AUTHOR]