Deforestation, (un)sustenaible development program and the civil liability of state

• Autor(a) principal: Santos, Paulo Ernani Bergamo dos
• Data de Publicação: 2013
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Escola Superior do Ministério Público de São Paulo
• Texto Completo: https://es.mpsp.mp.br/revista_esmp/index.php/RJESMPSP/article/view/76
• topic: Natural environment; Deforestation; Environmental damage; Civil liability; State; Meio ambiente natural; Desmatamento; Dano ambiental; Responsabilidade civil; Estado

This article will focus on the civil liability of the State for environmental damage resulting from the ongoing deforestation of our forests, like the Amazon Rainforest, and the consequent disappearance of the massive biodiversity of these rich ecosystems, leading to imbalance of the environment – an essential asset to a healthy quality of life. The environmental damage is “materialized” by the damage caused to the integrity of this asset to which the rule of law determines legal protection, and whose impact reaches areas beyond the region object of depredation, such as environmental damage caused by deforestation of forests (as we shall see). The aim is to demonstrate that non-compliance by the State of its constitutional obligation to “preserve and restore essential ecological processes (...)” (art. 225, I, Brazil’s Constitution - CF) and to “protect the fauna and the flora “(art. 225, IV, CF), in the context of ensuring an ecologically balanced environment, makes it subject to civil liability, whether by action or omission violating the established environmental law principles of prevention and precaution - with serious consequences not only for the current generation but also for future generations (art. 225, “heading”, CF). Environmental damage will be considered in line with the principle of full compensation for the damages that rises to the noble mission of the prosecutor to act on behalf of the community.