O IMPACTO SONORO DAS TORRES EÓLICAS E O DIREITO AO SILÊNCIO

O caso do TJ/RN e o zoneamento ecológico-econômico

Abstract

The present research aims to analyze the decisions handed down by the Court of Justice of Rio Grande do Norte (TJRN) in cases of noise pollution caused by wind farms. The study seeks to understand the arguments and legal grounds adopted by the court, in light of environmental civil liability. The methodology used includes a bibliographic and documentary review, along with the deductive method to examine legal cases with decisions on the merits between 2017 and 2024, specifically on noise pollution caused by these enterprises. The qualitative approach aims to deepen the analysis of the procedural process, emphasizing the role of evidence and its influence on judicial decisions. Additionally, the factual situations presented by residents affected by the damage and the justifications offered by companies are examined. In this context, the legal implications of these demands, the social and economic impacts resulting from environmental damage, as well as the TJRN's stance on these socio-environmental conflicts are explored. The analysis revealed that the court often resorts to general principles of law, without thoroughly addressing the specific aspects of environmental civil liability. While this approach is valid, it proves insufficient to address the complexity of the socio-environmental issues presented. In this regard, the research demonstrates its relevance by critically analyzing both the procedural development and the legal issues involved, contributing to the improvement and strengthening of Environmental Law. Specifically, it demonstrates the importance of ecological-economic zoning as a preventive instrument fo socio-environmental conflicts and a guiding criterion for the judicial decision-making process.