Responsabilidade civil pelos danos ao meio ambiente

Abstract

This paper addresses the liability in the environmental sphere. Beginning of the legal nature of civil liability for damage caused to the environment as well as its historical evolution, conceptualization and characterization of respect to environmental damage as well as the fundamental principles that guide the environmental liability. In this sense, we analyze a previous trial arising from the Court of Mato Grosso (TJMT), regarding the determination of environmental liability in order to traverse about the measures that are intended to protect the environment, forms repair in case of environmental damage, as well as environmental liability that has the purpose to verify the extent of the damage caused and the accountability of the causative agent. Liability for environmental damage is from an ecological damage, ranging from environmental degradation to the degradation of the natural elements, caused the assets of the community, because our Constitution recognizes the environment common use good of a people, according to Article 225 caput. That thus faces, the environment is very important to sustain life on our planet and its preservation is a duty of all in support and the benefit of society, the current and future generations.