Integral risk theory: objective aspect of environmental civil liability and e...

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Another relevant aspect of environmental civil liability is that it is objective in nature. In other words, it eliminates the need to assess guilt (in a generic sense) to hold the polluter responsible. Until then, the understanding only reflects , the dominant jurisprudence states that environmental civil liability is, in addition to being objective, guided by the theory of integral risk. Download a kit of petition templates to use in your legal routine This means that the entrepreneur is obliged to repair the environment even if he is not at fault. But also, even if some cause that excludes the causal link is present (act of God, force majeure, exclusive fault of the victim and third party fact). Joint liability Environmental civil liability is also joint and several, based on art. 3rd, IV of Law 6,938/1981, which qualifies the polluter as “a natural or legal person, under public or private law, responsible, directly or indirectly, for an activity that causes environmental degradation”.

Minister Herman Benjamin's vote in REsp 650.728 summarizes the scope of joint and several liability: “For the purpose of determining the causal link in environmental damage, those who Albania Phone Number do it, those who don't do it when they should do it, those who let it be done, those who don't do it are equal. It matters what they do, who finances them to do it, and who benefits when others do it.” Finally, environmental civil liability is considered imprescriptible. was already defended by doctrine and based on the jurisprudence of the Superior Court of Justice. The justification behind this understanding lies in the understanding that an ecologically balanced environment is a fundamental right, and is, above all, a condition of possibility for a dignified and healthy life, so that it must prevail over legal stability and security.



Anyone who commits an environmental offense, therefore, is eternally obliged to repair it. of environmental damage Recently, the Federal Supreme Court confirmed the of environmental damages in the judgment of Extraordinary Appeal No. 654,833, which had recognized general repercussions (Theme 999). By majority, the thesis was established that “the claim for civil compensation for environmental damage is imprescriptible”. Download a timesheet and control your team's workload was already a recognized characteristic in environmental civil liability. However, there still remains a relevant question regarding the scope of the judgment. Environmental damage can be direct (damage caused to the environment itself) and indirect (those losses resulting from environmental damage, such as collective moral damage and material and moral damage to individuals directly affected). Therefore, the question remains whether applies to all damages resulting from degrading conduct or whether it applies only to direct damage, that committed against the environment itself.