A aplicação da responsabilidade civil por dano ambiental no contexto das mudanças climáticas

Abstract

The civil liability for environmental damage can be defined as the obligation of polluters to repair any damage they cause to the environment. In the context of climate change, civil liability gains greater relevance as it seeks to preserve an ecologically balanced environment for present and future generations. So how is civil liability for environmental damage applied in the context of climate change? The choice of the topic is justified by the need to understand how the courts and doctrine position themselves on the application of environmental civil liability in the context of climate change and the recognition of new dimensions of environmental damage. In addition, the objectives of this research are to examine the evolution of environmental protection in the Brazilian legal system, to bring together the main international treaties on climate change and to debate the application of civil liability for environmental damage in the context of climate change. The research was carried out through a bibliographic review, of an applied nature, theoretical-practical type, qualitative approach, descriptive objective, deductive method, bibliographical, documentary and legislative procedure. The results of the research showed that environmental civil liability is based on various principles of environmental law which justifies the application of a different civil liability regime. Based on these principles, new dimensions of environmental damage have been recognized by the courts, making it possible for climate damage to be repaired in its entirety.