Jurisdiction and alternative means for solving conflicts: a choice for environmental issues

Abstract

As societies became more complex, new kinds of conflicts emerged such as the environmental ones. However, current procedural system is still governed by a positivistic legal system basically supported on legal guidelines since the same judicial structure for solving all kind of issues is still used today. As a result, a deficiency is seen with the State when dealing with protecting new rights that emerge in a society in permanent evolution. For this reason, this article established a need for using alternative conflict resolution means (such as the mediation-conciliation) as viable choices for resolving environmental conflicts as a way to get a solution through concrete measures for specific cases.