Objeções à teoria do risco em matéria de responsabilidade civil do poder público por danos causados ao meio ambiente.

Abstract

Subject of utmost importance in the present time, present work rests its analyzes in substance of Enviromental law, in that it concerns to the acts practised for the agents of the Public Power, who in this quality, lesionam diffuse well ambient considered or right subjective individual, on to the ambient damage. In the first lines, the general aspects of the term are delineated responsibility and its concept, the slight knowledge of that are ambient responsibility, in its diverse fields of performance, to know, criminal, administrative and finally civil. Substance this, that in the posterior chapter, is brought at great length, with referencias the historical reasons of the institute, of societies the old the contemporaneidade, emptying in our novel brasilian Civil Diploma, the concepts of the civil liability, its elements structural and its species, and, still exculpatory of the responsibility, with approach for "bigger", "fortuitous" force, and "exclusive guilt of the victim", exculpatory that they cause debates between the ambientalistes. The third chapter of this inquiry brings the ambient damage, its peculiarities, concept and estimated for its characterization and classification proposal for the best national doctrine. To the room and last chapter, this private to the demonstration of the hypothesis of this study, with the aspects of the objective responsibility of the Public Power, and the theories that they inform it, in that if makes critical the theory of the integral risk, and standes out it theory of risk the administrative one or called by others risk advantage, as more the insurance and, mainly, more the joust. To the end, the some procedures of guardianship to the environment, popular performance, the Public prosecution service, on entities are presented thematic the ambient one, political party, etc. Some devices of the Federal Constitution support this study, as well as, the main laws infraconstitutional of ambient politics, and laws that inform the procedures for the demands of ambient character. The deductive method is the used one in the research, that eminently effective for the bibliographical research, in doctrine, reviewed specialized, articles and texts removed of the InterNet. It analyzes it aims at the objective to show the importance of the institute, mainly, to the Public Power, being of bigger expression of the Nation, bringing the exculpatory ones that it can be used to exempt itself of the repairing duty and to refute the theory of the risk, that called "brutal" on the part of the doctrine, promotes the injustice and inaquality in the Inter-relations.