A responsabilidade civil do estado diante de desastres ambientais: um estudo a partir dos casos de Mariana e Brumadinho

Abstract

This research is based on the civil liability of the State in the face of environmental disasters. Furthermore, it is highlighted that the environment is a fundamental right of the third dimension, which is why the Public Power has the duty to protect it for present and future generations. In this sense, the objectives of this scientific article are to analyze that the environment is a third generation right and that the State has civil liability when environmental disasters occur. Furthermore, it will conceptualize what civil liability is and also observe the judicial decisions arising from the damages caused by environmental misfortunes. In this sense, for this to happen, the methodology used was the hypothetical-deductive method, in which hypotheses were created with the intention of being investigated. The type of research was bibliographical, with the use of books, scientific articles and newspaper articles. The purpose of this is to understand the civil liability of the State and what were the biggest recent environmental disasters in Brazil. Therefore, this research analyzed that the State has civil liability when environmental damage occurs, especially in cases where the dam in the city of Mariana and Brumadinho collapsed. In this regard, it is important to mention that the related work did not examine the out-of-court settlements of these two environmental disasters.