A mediação antecipatória nas audiências públicas e a gestão do conhecimento

Abstract

Abstract : The environmental conflicts are a reality increasingly present in the Brazilian scenario, as it intensifies the growth of urbanization and the process of exploitation of natural resources still exist. The Constitution, in defining the environment as well as the common use therefore unavailable, enshrines the monopoly of the judiciary for resolution of disputes that have interests as diffuse object. This institutional context, in addition to feeding the phenomenon of judicialization of environmental issues, has failed to contain the escalating degradation. This thesis, instigated in why mediation is not being used in Brazil as an alternative means of resolving these conflicts, even when not involve acts of disposition, found the question "how are conflicts explained at the public hearings process participatory Planning Director Florianópolis" a clipping adjusted to the demands of the scientific method to "evaluate the role that mediation and knowledge management can play in resolving environmental conflicts", and, thereafter, to investigate to what extent this self composition controversy model could give the urban-environmental problems and conflicts associated with it a dimension more comprehensive policy. The methodological point of departure was a comprehensive review of domestic and foreign literature exists on this subject, covering both critics and apologists of the negotiated resolution of environmental conflicts, which was followed by exhaustive survey of official data on the Urban Planning Institute of Florianópolis (IPUF), the body responsible for coordinating the participatory process of the Master Plan, culminating by interviewing several prominent participation of social actors. As the research was designed also from the intention to understand how knowledge management occurs in the participatory process in general and in public hearings in particular, resorted to an examination of information systems used by IPUF and the physical facilities of local hearings. Nevertheless auxiliary methods, the investigation took a predominant feature of basic qualitative research, because he sought and describe, interpret and understand the phenomenon studied. The research has brought to the screen other academic opportunities of evaluating environmental, animated conflicts by seeking to rebuild and rearrange the debate until the existing time, mobilizing new insights and theoretical concepts permeating that can justify epistemologically normative proposal for the use of mediation in the procedure public hearings, with the support of knowledge management, aiming to widen and improve public participation in decision-making regarding diffuse interest, thus reaching the goals of the research.