STATE CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE: HISTORICAL EVOLUTION, FOUNDATIONS AND CONTEMPORARY CHALLENGES

Abstract

The aim of this article is to analyze the contours of state civil liability for environmental damage in the Brazilian legal system. To this end, a general overview of state civil liability will be outlined, followed by a specific approach to state civil liability in environmental matters. The analysis will be based on the historical evolution, particularities, pertinent doctrinal and jurisprudential foundations. The relevance of the topic is intensified by the increase in legal demands and social awareness of environmental preservation. The aim is to understand how the state's civil liability for environmental damage acts as an effective instrument in the defense of the environment. The analysis will also include the challenges faced in realizing the right to reparation for environmental damage. Throughout the article, it is hoped to show that state civil liability in environmental matters, as well as being a tool for reparation, is fundamental for building a more responsible state committed to the environment, thus contributing to a fairer and more balanced future in relation to nature.