Environmental civil liability and legal security

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The function of the Superior Courts is to establish theses and guide the conduct of those who seek to act with legal certainty and predictability. The message, with regard to environmental civil liability, is clear: there is little care! Effective environmental control combined with risk mitigation measures (a true environmental compliance program) is increasingly important for the survival of an economic activity in the medium and long term. Enterprises must be their own auditors at all times. Only those who are aware of the risks they are taking are capable of taking the necessary measures to ensure that the losses do not materialize.

Attorney Partner at , Macedo, Paiva e . Master's student in Constitutional Law at the Brasiliense Institute of Public Law – IDP. Secretary of the OAB/GO Environmental Law Albania Phone Number Commission . President of the -Go Conciliation and Decentralization Court (2018/2020). Use the stars to rate Average 5/5 . Image Institute for Advanced Studies in Law The Institute for Advanced Studies in Law – IEAD was born out of the need to promote legal studies in the country. We are a non-profit organization that promotes and encourages the carrying out and development of studies, courses, lectures and congresses, debates, symposiums, scientific production, research, specialized magazines, publications with our own editorial label, provision of consultancy, establishment of a documentation center and acting as amicus curiae.



The novelty of the judgment was the maintenance of the monetary sentence, in relation to which the guiding vote of the Judgment, written by Minister Nancy , stated that: […] even if it is considered that the installation of the gas station only occurred due to an error in granting the environmental license, it is the exercise of this activity, which is the responsibility of the appellant, that generates the risk materialized in environmental damage, which is why There is no possibility of exempting oneself from the obligation to repair the injury found. The Superior Court of Justice, by maintaining the monetary sentence, signals that even if the entrepreneur operates, in theory, under the cloak of legality (with all the necessary environmental authorizations), he runs the risk of being convicted of collective moral damages if later, some control body understands that the authorizations were illegally granted.