A responsabilidade civil por danos ambientais no contexto jurídico brasileiro e seus impactos sociais: contribuição à justiça ambiental

Abstract

This study investigates civil liability for environmental damage within the Brazilian legal framework, with an emphasis on the social challenges faced by communities affected by environmental disasters. Based on a review of literature, documentary analysis, and judicial precedents, as well as a critical examination of landmark cases, the research addresses the following question: How can civil liability for environmental damage serve as an effective tool to promote environmental justice, particularly for vulnerable and historically marginalized communities? The central hypothesis is that, although Brazilian legislation recognizes civil liability as a mechanism for environmental protection, its practical application reveals shortcomings in addressing collective and individual damages, particularly concerning the dignity, health, and livelihoods of affected communities. The analyzed data demonstrate that environmental damage extends beyond the physical environment, impacting profound social dimensions, and that the state's response remains limited by obstacles such as procedural delays, difficulties in quantifying damages, and the exclusion of affected communities from decision-making processes. The study concludes that, to be effective and transformative, civil liability must adopt a socio-environmental approach, focused on comprehensive components, the prevention of further damage, and the participatory inclusion of affected individuals, recognizing the environment as a fundamental element of citizenship