Danos ambientais: a (ir)responsabilidade civil do estado por atos omissivos.

Abstract

This study is a critical research based on civil responsibility of state’s omission on environmental damage. This way, to achieve this goal,we seek to investigate the existing forms of accountability in the Brazilian legal system which aim to give effect to the principle of mandatory state action. The approach method used on this investigation was the deductive, both ways, conclusion immediately, as mediately. Regarding the environmental law, constitutionally consecrated as third generation right, it is found verified directly, the accuracy of existing premises. But also indirectly, based on the junction syntheses developed during the study, especially about the practical application and effectiveness of these rights. Regarding the procedure adopted for search conclusions during this research, were used the biographical method, juridical and historical. As techniques used in this procedure, it is used direct documentations through laws, covenants and jurisprudence from Brazilian Superior Court. Its main north is the mandatory state action on environmental law, we seek to examine how is being assigned this state accountability, through its omission, in order to preserve the ecologically balanced environment for present and future generations. Therefore, the State has the obligation of act and monitoring to prevent further environmental degradation. Importing for damage caused by third parties, when it is the State's obligation to supervise and this is omitted. . All this in order to ensure a healthy environment for everyone, since it is diffuse right to third generation