Responsabilidade civil do Estado por dano causado ao meio ambiente.

Abstract

Civil liability is an issue that still involves great discussions today in day, especially with regard to the ecological damage caused by the State and the the exclusion of some exclusion in this case. In the present study, first, the historical origin of the civil liability institute, after which, seeks to understand its concept, with its species, starting to study also what are the essential assumptions for the characterization of responsibility as well as the exclusions of this institute, verifying that way the agent causing an environmental and responsible damage, and making a brief summary of the State's responsibility in general. Next, aspects of environmental damage were examined, bringing up its concept, its characteristics, classification and the great question of the reparability of the damage environmental. Finally, the State's civil liability was demonstrated in the face of a damage that this causes to the ecological good, as well as whether any of the exclusion from liability, and what means are available to the citizens to hold the State and any person accountable, physical or juridical, which violates the integrity of the environment, which appears as fourth generation fundamental right. It should be noted that the present research was based on establishing how the State, as an agent which causes an event harmful to the environment, is responsible for the injury caused, as well, and here is the main objective of this study, if this, in any situation will refrain from responding. The result that can be achieved with the present the sense of importance of the State Civil Liability Institute for damage caused to the environment to the law, and how important it is also the preservation and conservation of the natural environment, keeping it healthy and balanced, looking for his recovery in the face of the occurrence of an event harmful. A bibliographic approach was used as a research method, with internet consultations, using the deductive method to arrive at the results of the job. Therefore, it was proven that the responsibility of the State, as an agent that causes environmental and objective damage, that is, regardless of acted with guilt or not, interested in analyzing the commissive or omissive conduct and the causal link between the action and the damaging event. Concluding that, founded on the theory created, this public entity may be exempt from liability when any exclusionary cause occurs, either by chance or by force, unlike what happens to other legal entities, for whom there is no exclusion from responsibility as it is based on the theory of integral risk.