Responsabilidade civil ambiental das instituições financeiras

• Autor(a) principal: Sugiura, Meghy Sayuri
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35093
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS; Meio ambiente; Responsabilidade civil ambiental; Instituições financeiras; Cenário atual; Environment; Environmental liability; Financial institutions; Current Scenario.

Although the study of the environmental law theme is considerably recent in Brazil, there is no doubt that the concern focused on preservation of the environment for the present and future generations, in order to ensure the effective achievement of the basic rights enshrined in the Federal Constitution to all members of society has increased every day, encouraging initiatives not only by the legislator but also by the community in the search for an ecologically balanced environment. Economic and social development should be linked to the concept of sustainability. As a result, the financial system plays an important role in achieving sustainable development, given that financial institutions act directly on the development of business activity in Brazil. However, this position comes with obligations and liabilities to banks with regard to their operation, and especially when granting credit to the market due to the adoption of objective and joint liability by environmental law, which provides that the obligation to repair a damage caused to the environment does not depend on proof of fault and can reach not only the direct polluter but also the indirect polluter. The current Brazilian law contains no clear and objective boundaries of environmental liability of financial institutions, generating legal uncertainty from the banking sector and increasing the risk of not encouraging investment in the country. The Resolution No. 4327/2014 from the Central Bank of Brazil and the Regulatory SARB No. 14/2014 were implemented in an attempt to bring greater security to financial institutions by building a minimum standard of environmental care to be adopted by these entities, aiming to attenuate and even to exclude the causation in each case.