Navegando por Assunto "Danos ambientais"

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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.
Litigância climática e desmatamento na Amazônia
(Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.
O naufrágio do navio Haidar sob a ótica dos princípios do poluidor pagador e da reparação
(Centro Universitário do Estado do Pará, 2019-06-18) Silva, Danilo Vetinho Gordo e; Fonseca, Luciana Costa da; Rabelo, Paulo César Beltrão
One of the major socio-environmental challenges is related to the absence of legal criteria for the identification and compensation of victims of mass environmental damage. Because of this difficulty, the agreement between the polluter and victims has been used to make some compensation possible. Worth mentioning is the judicial agreement signed on 07/02/2018, in the case of the shipwreck of the Haidar Ship in the Port of Vila do Conde in the city of Barcarena in Pará, considered a judicial agreement that enabled the indemnification of the largest number of victims of environmental damage in Brazil , reaching more than 5.000 (five thousand) families. This research examines the extent to which the agreement reached is compatible with the polluter pays and repair principles. The specific objectives have focused on analyzing the legal content of the polluter pays principle and the remedy; to analyze the Haidar shipwreck case and the challenges related to the legal agreement reached to compensate for damages and compensation of the victims, as well as to analyze the extent to which the legal agreement complies with the principles of the polluter pays and of reparation. The methodology followed the guidelines of a qualitative research with documental analysis and legal doctrine. In this analysis, it was concluded that these principles could have been applied with more practical efficiency in the solutions that were obtained in the decision, taking into account particularities of the way of life of the riverside, to gauge in an adequate way the intangible necessities that these individuals also have, of course, the needs of the environment that has been degraded.