A responsabilidade civil decorrente dos danos ambientais.

Abstract

The presentation of Liability covers not only environmental law, but other areas of law, influencing the training of them, mainly through its theories, realizing that through this civil Liability it can identify which reasons that make the damage agent persist in the implementation and consequently the corresponding penalty. This essay aims to emphasize the liability for environmental damage, analyzing the environmental law formation process and its consolidation in the Federal Constitution of 1988, exposing the applicability of their laws in the Brazilian legal system, the principles and general rules that guide the Environmental Law, the Liability Institute as an anchor for the reasoning of Environmental Liability, the definition of environmental damage and the consequences of a failure of precaution and prevention as a means of protecting nature and clearance of the Union, States and municipalities to dismiss the petition and enforce the use of natural resources. In the harmful action to the environment recognition process through the Environmental Liability, there was the theory of guilt evolution for the theory of risk, emphasizing the objective liability as a general rule to be used. Finally it emphasizes the environmental damage repairing and the discussion about the moral damage existence, the ways that can lead a citizen to plead his right to a healthy and balanced environment, and the publication of some cases in the lawsuits in defense of nature.