A RESPONSABILIDADE CIVIL OBJETIVA COMO INSTRUMENTO DE PROTEÇÃO NO DIREITO AMBIENTAL BRASILEIRO

The main objective of this article is to address environmental damage and environmental civil liability in the Brazilian legal context. First, the concept of environmental damage and its classifications, as provided for in Brazilian law, are explored. Next, the article discusses environmental civil liability, with an emphasis on the application of objective liability, which allows for the repair of damage without the need to prove fault. Finally, the study analyzes the quantification and qualification of environmental damage, highlighting the criteria used by courts to assess the extent of damage and determine compensation, taking into account both economic and ecological and social impacts. The article aims to contribute to the understanding of legal standards related to environmental protection and the promotion of more effective environmental justice.

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Publication Details

Journal
LUMEN ET VIRTUS
Published
2025-06-18
DOI
https://doi.org/10.56238/levv16n49-078
Primary Topic
Brazilian Legal Issues
Type
article
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article

A RESPONSABILIDADE CIVIL OBJETIVA COMO INSTRUMENTO DE PROTEÇÃO NO DIREITO AMBIENTAL BRASILEIRO

Emerson Maricato Leite
LUMEN ET VIRTUS
Brazilian Legal Issues
article

A RESPONSABILIDADE CIVIL OBJETIVA COMO INSTRUMENTO DE PROTEÇÃO NO DIREITO AMBIENTAL BRASILEIRO

Emerson Maricato Leite
article en

Abstract

The main objective of this article is to address environmental damage and environmental civil liability in the Brazilian legal context. First, the concept of environmental damage and its classifications, as provided for in Brazilian law, are explored. Next, the article discusses environmental civil liability, with an emphasis on the application of objective liability, which allows for the repair of damage without the need to prove fault. Finally, the study analyzes the quantification and qualification of environmental damage, highlighting the criteria used by courts to assess the extent of damage and determine compensation, taking into account both economic and ecological and social impacts. The article aims to contribute to the understanding of legal standards related to environmental protection and the promotion of more effective environmental justice.

LUMEN ET VIRTUSVol. 16(49)
Peace, Justice and strong institutions
Openalex Percentile: Top 77%
Brazilian Legal Issues
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