A RESPONSABILIDADE CIVIL POR DANOS AMBIENTAIS NO BRASIL E O PRINCÍPIO DO PAGADOR POLUIDOR

Civil liability for environmental damage in Brazil represents a significant advancement in environmental protection, being founded on the principle of objectivity, whereby the polluter must repair the damage caused regardless of fault. This mechanism ensures that the costs of environmental degradation are borne by the responsible party, preventing them from being passed on to society. Complementarily, the polluter-pays principle serves as an essential tool to encourage sustainable practices, penalizing negligent behavior and guiding the prevention of future impacts. This study aims to analyze these legal principles in detail, investigating their implications in judicial processes involving environmental damage and their impact on raising awareness about environmental protection. The research adopts a qualitative and exploratory approach, based on a bibliographic and documental review, including an analysis of Law No. 6,938/81, which establishes the National Environmental Policy, and other relevant legal frameworks. In this context, it is observed that, although these guidelines bring greater efficiency to the management of environmental conflicts and expand the accountability of polluters, significant challenges remain, such as the need to adapt regulations to regional specificities, enhance enforcement mechanisms, and overcome the lack of environmental awareness in certain spheres of society. It is concluded that, to achieve a balance between economic development and ecological preservation, it is imperative that these principles be consistently implemented and accompanied by efforts to promote greater social awareness and engagement.