A função do direito na fase da reconstrução identificada pela gestão circular dos desastres climáticos

Abstract

The thesis takes the theme of the function of Right in the reconstruction identified by the circular gestion of climatic disasters. Its limits center on the function of Law at the time of reconstruction post-disaster. The proposed problem consists in knowing: under what conditions are Ecosystem Services polycontexturality instrument for circular management of climatic disasters through Right, separated from the reconstruction stage? The general goal is to analyze reflexively the observation possibilities of Law in relation of the polycontexturality of ecosystem services and the circular management of Law for resilient reconstruction after the disaster. The structure of work is built so that every chapter follows his specific goals, which are: a) to examine how Law studies climatic risks to establish the fundamentals of Law management; b) approach the cyclic management of climatic disasters and their assimilation by the national legal context and; c) analyze reflexively the polycontexturality instrumentality of the ES and its adherence to the stage of reconstruction through the functional changes to prevent climatic disasters. The approach method is the systemic functional one, the proceeding is the monographic one and the research is bibliographic. The research confirms the hypothesis in the sense that in a resilient reconstitution, ecosystem services must be assimilated by Law, starting from elements coming from multiple contexts with Science of Politics and Economy. Such assimilation must operate reciprocally by the organizations through processes of evaluation, monitoring and structuring of legal decisions in the long and short terms, considering the national legal context and including prevention as the driving force in the treatment of disasters through systemic actions of approach (prevention, mitigation, preparation, response and recovery) and through the integration of public policies. This way, an evolution is possible to assimilate the natural infraestracture offered by ecossistemic services with function diferences for prevention and the precaution in face of climatic disasters.