Legislação ambiental à luz da conjuntura contemporânea: uma análise da importância da responsabilidade civil como instrumento legitimador da justiça intergeracional

Abstract

This study analyzes Brazilian environmental legislation in light of the contemporary context, emphasizing civil liability as a fundamental instrument for the realization of intergenerational justice. The research is grounded on the constitutional recognition of an ecologically balanced environment as a fundamental right of diffuse ownership, as established in Article 225 of the Federal Constitution of 1988, which imposes duties on both the State and society to ensure environmental protection for present and future generations. In this context, the paper highlights the historical evolution of Environmental Law, demonstrating its consolidation as an autonomous legal field in response to the intensification of environmental degradation resulting from industrialization and unsustainable development models. The study examines the main constitutional environmental principles, such as sustainable development, prevention, precaution, the polluter-pays principle, social participation, the socio-environmental function of property, and the prohibition of environmental regression, emphasizing their normative and interpretative relevance within the legal system. It also analyzes the Brazilian infraconstitutional framework, particularly the National Environmental Policy, the Environmental Crimes Law, the Forest Code, the National System of Conservation Units, and the National Solid Waste Policy, highlighting the robustness of the legal structure despite persistent challenges related to its effectiveness. Within the contemporary scenario, the research addresses the impacts of the climate crisis, socio-environmental conflicts, and structural inequalities, emphasizing the vulnerability of traditional communities in the face of large-scale enterprises and intensive exploitation of natural resources. Environmental civil liability is presented as a central mechanism for damage prevention and reparation, based on strict liability and risk theories, ensuring the restoration of ecological balance. Finally, the study underscores intergenerational justice as an essential ethical and legal foundation for environmental protection, advocating for effective public policies and legal instruments capable of safeguarding natural resources and ensuring the dignity of future generations.