A (im)prescritibilidade da pretensão de reparação civil do dano ambiental

• Autor(a) principal: Nogueira, Alexandre Alves
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1267
• topic: Prescrição; Exigência; Reparação; Dano civil; Meio ambiente; 6.01.00.00-1 Direito

This article deals with the imprescriptibility of the claim of civil reparation for environmental damage The Constitution of the Federative Republic of Brazil provides throughout its text the right of all to the ecologically balanced environment for present and future generations, as well as the procedural instruments necessary for its implementation. This way, the Brazilian High Court of Justice, in judgment of a public civil action filed by the Parquet, understood that the claim of civil reparation for environmental damage was indispensable, under the constitutional grounds of the indispensability of environmental resources for the existence of other rights. Just as the Original Constitutional Legislator raised the right to a balanced environment to the category of fundamental rights, it also determined that, as a rule, the constitutional norm should have minimal retroactivity. In short, there are no constitutional grounds for the judiciary to have the legitimacy to know and judge past facts indefinitely in time. That said, I argue that the mode of treatment due to the damage that occurred prior to the promulgation of the 1988 Brazilian Constitution should be the prevailing law of the time. All with the intention of guaranteeing legal certainty and social peace, given also the close relationship between environmental law and economic development.