Navegando por Assunto "Direito Ambiental"

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Gestão de impactos ambientais oriundos da construção civil e demolição
(Centro Universitário do Estado do Pará, 2018-06-29) Souza, Ana Rosa Tavares de; Martins, Tiago; Fonseca, Luciana
In recent years, population growth in urban areas and stabilization of the economy have highlighted a huge volume of waste from construction and demolition. With this, the impacts are great, because the waste is not always managed, the rubbish being discarded irregularly, in open air, in streams, streets, vacant lots. The legislation comes as an alliance with the environment, ensuring that there is waste management until its final disposal. Therefore, this work has as general objective to study the management of waste from civil construction and demolition in relation to environmental law, through an exploratory methodology, in which it resulted in the conclusion that greater supervision of the Public Power is required on the large generators of waste, so that there is a change in the landscape of construction waste.
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.
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.