Repareção do dano em face da tríplice responsabilidade ambiental: administrativa, penal e civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The managment and the activities considered harmful to the environment will lead the offenders, individual or legal entities, to criminal and administrative sanctions, apart from the obligation of repairing the damages caused by them (Article 225, 3, of the Federal Constitution). Due to the mentioned Constitutional Law, the offender may be liable in three different ranges at the same time: administrative, criminal and civil. This abstract is a study about these three liabilities concerning its importance in preserving an ecologically balanced environment, which is essential to a healthy life quality. It discusses the practical and teorical aspects of the environment, the environmental law, the harms to the environment and the ways of repairing them, the presuppositions and legal requirements to hold the offenders responsible for the harm under the administrative, criminal and civil ranges , and the consequences from the repairing of the environmental damages in each one of these matters. The basic aim of this work was to make a multi-disciplinary and systematized approach of the environmental law, circumscribed to the liability of the offender in repairing the damages caused to the environment. Several topics related to this subject were discussed along this work, emphasizing the main differences among the adminsitrative, criminal and civil responsabilities of the offenders, how they are leaded to repair the environmental damages and the legal inter-relations which occur when the repairing of the damage is achieved. The conclusion of the present study is that the triple legal reaction outbroken by the commitment of an environmental damage, aims firstly its repairing, and when its achieved the penalties to such harmful crime are considerably reduced , even as a way of stimulating the agents to recover the harmed environment. Moreover, it was observed that there is an interaction among the administrative, criminal and civil ranges nevertheless the different legal approaches that each one of them carry out with the aim of preserving the environment.

ASSUNTO(S)

responsabilidade por danos ambientais responsabilidade penal dano ambiental direito ambiental responsabilidade administrativa responsabilidade civil por danos ambientais direito inter-relações.

ACESSO AO ARTIGO

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