COMPENSATION FUND AND EXTREME EVENTS: INTRODUCTORY ASPECTS

• Main Author: Damacena, Fernanda Dalla Libera
• Publication Date: 2019
• Format: Article
• Language: por
• Source: Revista Eletrônica do Curso de Direito da UFSM
• Download full: http://periodicos.ufsm.br/revistadireito/article/view/34497
• topic: fund; extreme events; climate change; law.; derecho; fondo; eventos extremos; cambio climático.; fundo; eventos extremos; mudança climática; direito.

This article discusses the values and criteria of a compensation fund as a relevant tool for coping with losses and damages resulting from extreme weather events. The research was guided by a constructivist methodology, complemented by the exploratory and comparative auxiliary methods. Experiences of comparative law with respect to funds created to repair anthropogenic disasters are good sources of observation regarding the positives and negatives to be observed at the time of setting up a compensation fund. Individually or even as part of a larger strategy of layers of disaster risk management, since ex ante constituted, and by specific law, the fund is a worldwide trend nowadays and may be an alternative to Brazil. Numerous features make it more effective and relatively less complex than other compensatory instruments such as civil liability and insurance.