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URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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Navegando Direito por Orientador "Fonseca, Luciana da Costa"

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    Desafios da responsabilização civil pelos danos ambientais decorrentes da pecuária na Amazônia
    (Centro Universitário do Estado do Pará, 2018-12-13) Rocha, Angélica Maia Machado; Fonseca, Luciana da Costa; Peixoto, Carla
    This monograph deals with civil liability for the environmental damages caused by livestock activities in the Amazon. The research problem of the work investigates the main challenges for the civil responsibility of the livestock production chain for the environmental damages resulting from this activity in the Amazon. The main objective is to trace the livestock activity and its way of functioning, as well as its damages, to contribute to the improvement of the mechanisms of control and monitoring of productive activities in the reduction of Amazonian deforestation. It also aims to address the accountability of legal entities operating in this area and the consequences of the aforementioned activity for the environment, especially the Amazon, in order to explain the serious environmental consequences of livestock and opening critical space for reflection on procedural slowness and legal disinterest in the process of accountability of these entities. It intends to explore the application of civil liability and solidarity in the context of what occurred in Barcarena, as well as to investigate the application and effectiveness of laws to regulate legal entities that operate in this area. The methods used to prepare this monograph were the study and analysis of a set of publications, books, reports, bulletins, scientific articles, statistical data and jurisprudence. The result has been the conclusion that there are a diversity of political interests that are not based exclusively on law, but rather on economic issues that dictate the material rules and the fate of the Amazon, making the law suit the preferences of the polluter group that holds the power of economic activity, leading to the analysis of which laws exist but do not fulfill or materialize their effectiveness, since they constantly seek to adjust the preferences of the sectors of production, and therefore, do not have the result that was intended when they were created, the real interests of preserving the Amazon, and objectifying the treatment of animals in the sector through the perpetuation of an unsustainable culture that guides the economy above the support of forests and animal welfare.
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    Responsabilidade civil frente ao risco ambiental e o dano extrapatrimonial coletivo
    (Centro Universitário do Estado do Pará, 2018-12-13) Magalhães, Isa Campos; Fonseca, Luciana da Costa
    This monograph deals with off-balance sheet Responsibility in the face of risk. The main purpose is to propose a reformulation in the current model of civil liability, which is linked to the past. The objective is also to study the applicability of collective moral damages in the face of risk, based on the principles inherent to environmental law, in particular, the right to the ecologically balanced environment, full reparation and irreversibility of environmental damages. It was a monograph from a jurisprudential and doctrinal research. In this perspective, the understanding adopted by the state courts and the superior court in relation to the scope of the applicability of collective environmental moral damage in face of the. In order to face this problem, we illustrate the importance of a new structure in the model of environmental civil liability, in order to internalize the new paradigm developed with the new risks that proliferate in a disorderly way, for which there is not yet the creation of significantly effective mechanisms for the protection of environmental protection. In view of this, we have made an in-depth analysis of the recent judgments regarding reparations in the face of risk, as well as moral damages, in such a way that we see the preponderance of understandings based on the status quo. It proposes, then, that the uncertainty prevails in the contemporary necessity, so that it is necessary to introduce forms of risk management, by consolidating the understanding that preventive and precautionary instruments should not be treated in a secondary way , but on the contrary, they should be used as parameters for the adoption of measures that mitigate risks, as well as proposals that provide an effective communication channel between civil society for the performance of decision-making programs. Finally, it has been demonstrated that modernity must apply civil responsibility as a model for the future, in order to achieve the effective preservation of environmental law.