Environmental civil liability and the burden of environmental damage

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The Federal Supreme Court and the other from the Superior Court of Justice, require a new analysis of the issue of civil liability in matters of Environmental Law . This is because relevant implications arise from them. Browse this content: show And, in particular, a warning must be given to entrepreneurs who are potentially subject to engaging in conduct that is harmful to the environment. Browse this content: Independence of spheres in matters of environmental civil liability There is nothing more serious, from a legal point of view, than polluting. The triple responsibility provided for in art. 225, §3 of the Federal Constitution, subjects the degrader to fines and other types of administrative sanctions, such as embargoes, for example.

Furthermore, it also subjects the degrader to serve a sentence that deprives liberty or restricts rights for crimes against the environment. Finally, it subjects the degrader to repair the Albania Phone Number environmental damage it caused. And all of this can fall on the back of the degrader at once and without the successful defense in one of these instances implying automatic acquittal in the others. This is what we call the independence of the spheres. Despite the seriousness of administrative and criminal liability, it is civil liability that has stood out for the greater burdens imposed on entrepreneurs and who, therefore, must be very attentive to the way they carry out their activity.



Obligations to do, not to do and to compensate In fact, the Brazilian Courts, notably the Superior Court of Justice, have interpreted legislation in such a way as to increasingly burden acts harmful to the environment, in an attempt to discourage pollution and, thus, induce entrepreneurs to take fewer risks in conducting activities that impact the environment. Firstly, environmental civil liability allows the accumulation of obligations to do (recover the damage), not to do (cease the harmful conduct) and compensate for the damage caused. The polluter, therefore, will not only be condemned to undo the environmental damage for which he is responsible, but will also be condemned, with great certainty, to pay a pecuniary amount as compensation for collective moral damages.