Responsabilidade civil decorrente dos resíduos sólidos domésticos.

Abstract

In Brazil, among the years 50 and 60, the industrial boom caused an overpowering growth of the cities, increasing the garbage production consecutively as well as the toxidade of the same. The fact became concern of all due to the growth of the pollution caused by the garbage and his/her bad destination and bad disposition. The economical development could not be harvested, then the production would have to be allied to the development in a maintainable way. With the promulgation of the Charter of 1988, it was shown executes concern of the legislator with the environment, that made available an I surrender entirely to the theme. The Law n° 6.938 / 81, that it instituted the National Politics of the Environment consecrated the civil responsibility aims at for the cases of repairing of environmental damages, what generated controversial positions, because still no there is a consensus on the part of the doctrine regarding the application of that type of responsibility. On this aspect it is that the problem of this work relapses: is it reasonable to make responsible civilmente the causes of current environmental damages of the pollution for domestic solid residues? In this sense, the present work intends to do a detailed analysis of the pollution caused by domestic solid residues under the aspect of the civil responsabilizacao, the favorable and unfavorable points, as well as of the legal dispositions regarding the theme, for later to end about the possibility or not of that responsabilizacao type and in affirmative, the form as the same would be executed. The research methods used were the exegetico-juridical and the bibliographical. Where she can verify that it is possible the civil responsabilizacao in the form aims at, without the need of fault proof, for the natural persons or juridical, of right public or private that you/they cause damages to the environment due to the pollution for the bad destination or bad administration of the urban solid residues for them discarded or produced.