CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE: ANALYSIS OF LEGAL ASPECTS RELATED TO CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE, CONSIDERING THE PRINCIPLES AND RULES OF CIVIL LAW

Abstract

Civil liability for environmental damage is a topic of extreme conversion and relevance in the field of law. The preservation of the environment and the search for a sustainable development have been increasingly urgent agendas in contemporary society. In this context, the analysis of the legal aspects related to civil liability for environmental damage becomes essential to understand the legal bases and principles that govern this area of ​​law. This article aims to examine the fundamentals and norms of Civil Law that apply to civil liability for environmental damage. To do so, they will be explorers of historical concepts, principles, specifications and species of this responsibility. In addition, the right to the environment and responsibility for environmental damage will be considered, considering the Brazilian legal system. Methodology: The research took place from January to March 2023 through a search in the databases of the PUC MINAS Virtual Library; Journal of Law and Democracy by ULBRA; PUC DE SÃO PAULO virtual library; ULBRA Law and Democracy Magazine, Physical books; ESMESC Magazine; Legal space magazine and FAMETRO virtual library. How articles that did not deal with the subject of interest of this study were excluded. The sources were provided through in-depth reading and subsequent interpretation with subsequent discussion of the damages within the scope of this article, in a synthetic, logical, and easy-to-understand manner. Results: It appears that the protection of the environment is an increasingly urgent and necessary concern around the world, and the Brazilian legal system has established solid bases to guarantee the environmental civil liability of the polluter. Through principles such as strict liability, Brazilian environmental legislation seeks to ensure that those who cause damage to the environment are held accountable and obliged to fully repair the damage caused.