ALBUQUERQUE, M. K. E. R.; ALBUQUERQUE, Maria Katylane Estrela Rolim de.
Resumo:
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.
