Environmental Civil Liability
摘要
In Brazilian environmental law, civil liability emerges as a cornerstone for safeguarding ecological balance. Rooted in the principle of strict liability, it disregards intent or negligence, holding polluters accountable solely based on causation. The Brazilian legal framework intertwines constitutional provisions, statutes like Law n. 6.938/81, and international principles, such as the Rio Declaration, underscoring a universal obligation to redress environmental harm. Environmental liability encompasses hazardous activities causing harm, irrespective of legality or valid licensing. Polluters, including direct and indirect actors, bear joint and several liabilities, ensuring that responsibility extends even to property successors. The concept of full restoration governs remediation, favoring in natura recovery but accommodating financial compensation where full repair is unattainable. Collective nonpecuniary losses, reflecting harm to shared values like ecosystem integrity, have gained recognition. Courts grapple with the complexities of causation and valuation, guided by proportionality and precedent. In cases involving state responsibility, the government is held subsidiarily liable for its failure to oversee environmental compliance, reaffirming its dual role as protector and enforcer.