A INVERSÃO DO ÔNUS DA PROVA NO DIREITO AMBIENTAL: UMA ANÁLISE DOS FUNDAMENTOS UTILIZADOS PELO SUPERIOR TRIBUNAL DE JUSTIÇA

This study addresses the issue of the reversal of the burden of proof in environmental law, with an analysis of the grounds used by the Superior Court of Justice (STJ) for its application, consolidated by the creation of Summary No. 618 in 2018. Among the reference grounds analyzed are objective liability, the Consumer Protection Code, and the precautionary principle. The topic is of great relevance in the current national context, where environmental preservation is a priority. However, although the environment is an essential constitutional right, it is crucial that its protection does not violate another equally fundamental right: the right of defense and procedural equality. In this regard, the objectives of this study were to highlight the influence of the Consumer Protection Code in shaping the STJ’s decisions on the reversal of the burden of proof in environmental law, examine the precautionary principle in the reversal of the burden of proof, assess the application of objective liability by the STJ as grounds for the reversal of the burden of proof in environmental law, demonstrate the existence of an excessive burden on the defendant resulting from the reversal of the burden of proof in environmental lawsuits, and propose the dynamic distribution of the burden of proof as the most appropriate method to promote fairness and procedural and evidentiary efficiency. It is expected that the results obtained will contribute to the improvement of legal practices in the environmental field, ensuring balanced protection of the environment without compromising the right to a fair trial and the right to defense.