CIVIL LIABILITY FOR BIODIVERSITY DAMAGE IN THE BRAZILIAN LEGAL SYSTEM

Abstract

The increasing intensification of human and economic activities has caused significant impacts on natural ecosystems, resulting in environmental degradation and loss of biodiversity. In this context, Environmental Law plays a fundamental role in creating legal mechanisms capable of preventing, controlling, and repairing damage caused to the environment. This study aimed to analyze civil liability for damage to biodiversity in the Brazilian legal system, investigating the effectiveness of existing legal instruments and their practical application in light of constitutional environmental principles and infra-constitutional legislation. The methodology used consisted of bibliographic and documentary research, with a qualitative approach. From the analysis carried out, it was found that the Brazilian legal system has a significant set of normative instruments aimed at liability for environmental damage, highlighting the adoption of objective civil liability based on the theory of integral risk, as well as the use of procedural mechanisms such as the public civil action and the conduct adjustment agreement. However, it was found that the effectiveness of these instruments still faces challenges related to the complexity of identifying environmental damage, the difficulty of proving the causal link, and institutional limitations in environmental enforcement. It is concluded, therefore, that although the Brazilian legal system presents solid normative bases for civil liability for damage to biodiversity, institutional and interpretative advances are still necessary to guarantee greater effectiveness in the protection of the environment and the preservation of natural resources.