CIVIL LIABILITY IN ENVIRONMENTAL DISASTER CASES

Abstract

Environmental civil liability is one of the pillars of modern Environmental Law, playing a fundamental role in the pursuit of balance between economic development and environmental preservation. It is a topic of great legal and social relevance, as it involves the protection of a diffuse right essential to the quality of life and human survival itself. Although environmental concern has existed for a longer time, it was during the 20th century that Environmental Law consolidated itself as an autonomous branch, highlighting the accountability for environmental damages. In Brazil, this liability is strict in nature, based on the theory of full risk (teoria do risco integral), which imposes on the polluter the duty to repair damages regardless of fault. This model broadens environmental protection by prioritizing the collective interest and dismissing traditional exclusions of civil law. Jurisprudence also reinforces principles such as precaution and in dubio pro natura, favoring environmental protection in the face of uncertainties. Despite this legal framework, failures remain in the effectiveness of the norms, especially in the prevention and reparation of environmental disasters. Cases such as Mariana and Brumadinho evidence problems such as insufficient oversight, judicial slowness, and institutional fragility, generating significant environmental, economic, and social impacts. Therefore, it is essential to improve the application of environmental civil liability, strengthening preventive measures, state action, and corporate responsibility to guarantee more effective and sustainable environmental protection.