A responsabilidade civil ambiental e o Estado como sujeito reparador

• Autor(a) principal: Souza, Carlos Eduardo Silva e
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMT
• Texto Completo: http://ri.ufmt.br/handle/1/1691
• topic: .; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; .

The environment must be understood as everything that surrounds us. In any variable that is (artificial, natural, and cultural work), the environment must be supported. Thus comes the Brazilian legislation and can also be seen in foreign regulatory experience. From the perspective of international law, one can even confirm the idea that the Brazilian constitutional ecologically balanced environment is a fundamental human right, what matters in a significant impact. The relationship that the state must have with the environment must be intense. Along with citizens, the state entity needs to promote its prevention, since the environmental damage they have in their nature, the characteristic of irreversibility, which may reveal negative consequences for humanity, and even entertain questions about possible its very existence. Prevention is therefore an imperative. From this perspective, there are several hypotheses, such as public policy, the administrative, economic tools and even emergency measures in environmental protection administration. Considering, however, that we live in a society of risk cannot be said that no shock to the environment can be avoided. This goal, in actuality, it would be utopian. In this sense, one must understand how to deal with environmental damage if they are discovered. The environmental liability arises, then, as a tool to address the possible damage to the environment, where prevention mechanisms are not sufficiently effective for it to be avoided. This instrument, however, seriously needs to be guided by the principle of full compensation, which makes us understand that is not simply restore the environment to its original situation (before the environmental damage) it does complete the purposes pursued by this institute. It should be understood here, including the prospect of environmental damage off-balance sheet. Another relevant observation with respect to its applicability in the threefold purpose: the sanctioning character, education and prevention. It is also interesting to observe the establishment of State's duty to repair damages to the environment, and to investigate situations such as those recorded by act or omission of the government. Furthermore, when a repair is required along with a particular state, should be ask this responsibility should be included as supportive or subsidiary, in order that it can be expressed in the situation, true environmental justice. And what's more, you cannot also forget the need for an awakening of environmental citizenship, since the state insofar as it finds the task of providing the broad protection of the environment; the community is also so responsible. In this sense, is that environmental liability and its applicability to the State is a matter of great interest and that can help, from the perspective of environmental damage, understanding the purpose of protecting the environment.