A (im)possibilidade de modificação da coisa julgada ambiental: uma abordagem firmada no princípio da precaução e na teoria do caos

Abstract

This dissertation is fundamentally based on Chaos Theory and its butterfly effect, proving that dynamic and complex systems are non-linear, governed by uncertainty and instability, and the future cannot be predicted, nor can it be reversed from the point of view of quantum physics. Still as a founding element, the precautionary principle is brought up: scientific uncertainty and the urgent need for periodic review are inseparable characteristics of this principle. As a central element of the analysis is the institute of res judicata, which goes in the opposite direction of the aforementioned theory and principle. Under these conditions, the specific objective is to investigate whether there is a possibility of modifying the res judicata in the environmental sphere, based on the precautionary principle and the chaos theory. But not only that, it seeks to find, if the answer is positive, what would be the possible practical and objective criteria for this modification, since the lack of criteria for application is a major problem in the doctrine and in the Judiciary. In view of this objective, it was sought to highlight the tensions and approximations between the themes, initially carrying out a historical rescue, and then pointing out a path for the paradigmatic overcoming of the individualist civil process, taking as an example the path taken by quantum mechanics, strongly impacted by determinism classic represented by classical Newtonian physics. The quantum area represented by the uncertainty and instability of complex and dynamic systems was also adopted by the areas of physics, biology and mathematics. Equally, we sought symmetries between the uncertainties of chaos with the scientific uncertainties of the precautionary principle, and thus, maximizing the differences between principles, specifically that of prevention. In this way, what was initially pointed out as points of tension between the certainty of res judicata and the scientific uncertainty of the precautionary principle, with the aid of the chaos theory, proved to be at least a means of paradigmatic overcoming, necessary for the preservation of nature. As a conclusion, it is possible to observe the need to make the environmental judgments more flexible based on the precautionary principle, so that injustices in the face of natural ecosystems are not perpetuated. Equally, it was noted the importance of having its own collective procedural system, in order to keep legal security integrated, not least because, in the midst of so much uncertainty, the need and importance of the res judicata must remain healthy. For this purpose, the hermeneutic method was used, and the approach will be qualitative based on an objective and systematic process of description of the contents, having as research technique, the essentially bibliographic exploration, with dogmatic, doctrinal and jurisprudential consultation to the research topics. The methodological sources of research will be the production of books and scientific articles aggregating the defined methodological theoretical framework, in addition to pertinent legislation and domestic jurisprudence. [resumo fornecido pelo autor]