Responsabilidade civil por danos ambientais decorrentes de ocupações irregulares.

Abstract

The Federal Constitution treated as fundamental rights the ecologically balanced environment, as well as the right to decent housing. Thus, the State, through its power-duty, is forced to institute instruments capable of harmoniously ensuring the observance of both guarantees. The purpose of this article is to analyze about Civil Responsibility in the environmental sphere, arising from irregular occupations in urban space. For this purpose, the methodology of documentary analysis and case study of the eminent situation of environmental irregularity of irregular occupation in APP in Catolé do Rocha City, Paraiba State. In addition to the assessment of the case, it was found that the Municipality is in disagreement with what the legislation determines in relation to the environment, not complying with its duty to supervise and control, and, in cases of omission in the exercise of its function, to respond for the environmental damage caused, in view of the theory of objective liability, based on integral risk.