An??lise econ??mica da responsabilidade civil ambiental: o impacto das decis??es judiciais reparat??rias na indu????o de comportamentos ambientalmente preventivos

• Autor(a) principal: M??ller, Felipe da Silva
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UCB
• Texto Completo: https://bdtd.ucb.br:8443/jspui/handle/tede/2199
• topic: Direito ambiental; Prote????o ambiental; Bem-estar social; Efici??ncia; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study analyzes the civil liability for environmental damages based on an economic approach. It is focused on the possibility of preventing further environmental damages in an efficient manner by inducing social behaviors aimed at maximizing social welfare. The hypothesis of this study was based on the belief that it is possible to induce preventive behaviors through civil liability. However, to make this possible, judges should enforce some measures when deciding about remedial compensations for environmental damages related to court proceedings. Their decisions should enforce compliance with some measures such as: full recovery of the damage caused (internalization of externalities) and, as a behavioral encouragement, the person responsible for the damage should pay an indemnity for collective moral damages and the decision should be disclosed. Therefore, the person responsible for the damage should not only pay for the social cost, but also for other costs, such as collective moral damage and public damage to his/her image, which, combined with the first cost, can contribute to the preventive purpose. This hypothesis was confirmed based on the data collected in an empirical research. Thus, to make civil liability efficient in terms of prevention of environmental damage, there is need to use people???s loss aversion to encourage environmentally beneficial decisions in risky situations. And to make sure that this behavioral encouragement is effective, loss aversion should be expanded with the disclosure of the court decision in the press, exploiting the availability heuristics and/or the anchoring effect of the members of society, to achieve the result of a decision that benefits social improvement (environmental and social welfare).