The conciliation applied by the Federal Public Administration: an analysis of decree 9,760/2019

Abstract

This article aims to analyze the application of conciliation by the Public Administration in environmental conflicts from the perspective of Federal Decree no. 9,760/2019. In the first part, observance of environmental principles and criminal offenses is carried out, with emphasis on the polluter pays, precaution, responsibility, cooperation and sustainable development principles. In the second part, an analysis of the normative advance and the incentive to conciliation practices will be made, with emphasis on access to justice, resolution 125 of the National Council of Justice and the Code of Civil Procedure. Finally, an analysis of Decree no. 9,760/2019, with emphasis on conflicts involving the Public Administration and the application of conciliation to environmental conflicts. The article employs a bibliographic and documentary methodology. The conclusions point to the normative advances related to the use of conciliation in conflicts involving the Federal Public Administration, however, it still lacks effective practical effects regarding the Environmental Conciliation Center.