ADMINISTRATIVE AND CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE IN PUBLIC CONTRACTS: AN ANALYSIS OF JOINT LIABILITY BETWEEN PUBLIC ENTITY AND CONTRACTOR ACCORDING TO THE STJ (Superior Court of Justice)

Abstract

This article analyzes the administrative and civil liability regime arising from environmental damage within administrative contracts. The objective is to define the scope of joint liability between the Public Administration and the private contractor, from the perspective of the Superior Court of Justice (STJ) jurisprudence. The methodology is based on bibliographic research and documentary analysis of court rulings and precedents. The results demonstrate that, while in the civil sphere objective and joint liability based on integral risk prevails, in the administrative sphere liability is subjective in nature, requiring proof of fault or intent. It is concluded that the State, although jointly liable in the civil sphere, has the benefit of subsidiary execution when the omission in the duty to supervise is the causal link.