Environmental Risks and Damages in the Brazilian Superior Court of Justice Case Law: An Examination from the Perspective of the Environmental Rule of Law

Authors

  • José Rubens Morato Leite Faculdade de Direito da Universidade de Coimbra
  • Germana Parente Neiva Belchior Faculdade Christus – Fortaleza

DOI:

https://doi.org/10.14195/2182-2387_22_3

Abstract

The risk society, arising from postmodernity, demands transformations in the State and in Law in order to minimize the impacts of the environmental crisis and to control the dimensions of risk. In this context, it is clear that classical legal rationality is not sufficient to deal with the complexity surrounding environmental damage, since this discussion goes beyond a merely technical or dogmatic perspective. The general objective of this article is to investigate how Brazilian case law from the Superior Court of Justice has been addressing the legality of environmental risks and damages in light of the Environmental Rule of Law. It is observed that the Brazilian Special Court has shown sensitivity to environmental complexity, thereby giving substance to and advancing the specific features of environmental civil liability.

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Published

2008-07-01

Issue

No. 22 (2008): Urbanism, Territorial Order and Environment Studies Center Law Review

Section

Doctrine

License

Copyright (c) 2008 José Rubens Morato Leite, Germana Parente Neiva Belchior

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows sharing the work with recognition of authorship and initial publication in Antropologia Portuguesa journal.