A responsabilidade civil dos municípios por danos ambientais

Abstract

The present study aimed to discuss the environmental liability of the State and present legal norms regarding content. In Brazil demonstration in delaying the environment is not new, existing since 1981 with the creation of the 6.938 Act which established the National Environment Policy, posteriorly with the enactment of the Constitution of the Federal Republic in 1988, was expressed in a clear and objective way the paternal interest in protecting the environment. After the enactment of the Federal Constitution are other important laws regarding environmental protection, Law 7.347/85 and Law 9.605/98 were created, and the which resulted in documents such as resolutions, ordinances, laws and other normative instructions, giving opening also some discussions on environmental protection, relatives to the base principles of environmental law as a fundamental right, the liability on environmental offenses, individual, diffuse and collective rights and the defense of some theories such as ecocentric and anthropocentric view of the environment, full risk and profit risk, among many others. At the international level have become major events like the Rio-92, Stockholm Declaration and the United Nations Conference on Environment, which also resulted in important documents and programs for the protection of the environment.