Abstract

ANTUNES, Paulo Bessa. The Existence of the disclaimer of liability for environmental damages under the Brazilian Law. e-Pública [online]. 2016, vol.3, n.2, pp.100-119. ISSN 2183-184X.

This article aims to make a critical review of the current Case Law of the Brazilian Superior Court of Justice concerning civil liability for environmental damage. As the article shall demonstrate the Brazilian Law does not give scope for the application of the theory of integral risk relating when it comes to environmental protection. The Brazilian National Policy Act and the Federal Constitution clearly indicate the existence of a regulatory framework that recognizes the need for different treatment for environmental impacts due to the size and type of agents and to the impacts itself. We understand that the Superior Court of Justice is creating new law and that, this praetorian creation, does not matches the majority of the scholarly views and is not aligned with the modern comparative law on the subject.

Keywords : Environmental Law; Environmental Liability; Excemption of liability; Case Law; Legal comparison.

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