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Análise do Primeiro Precedente Doméstico que Reconhece a Possibilidade do Dano Moral Ambiental Coletivo Apelação Cível Nº 2001.001.14586 da Segunda Câmara do Tribunal de Justiça do Rio de Janeiro

2024; CENTRO UNIVERSITARIO FEI; Volume: 18; Issue: 1 Linguagem: Inglês

10.24857/rgsa.v18n1-153

1981-982X

Laplace Guedes Alcoforado leite de Carvalho, Fábio Leandro de Alencar Cunha, Fábio de Souza Pereira,

Brazilian Legal Issues

Objective: The objective of this study is to examine the judgment handed down in Civil Appeal No. 14586/2001, with the aim of investigating the evolution of environmental concerns and the nature of regulations designed to protect the environment. Theoretical Framework: Theoretically, we highlight the Collective Rights and Constitutional Principles that support the Environment, from the theoretical perspective of Lima (2006). An understanding of the three phases in the evolution of recognizing the normativity of principles: jusnaturalism, juspositivism and post-positivism, based on Magalhães Filho (2004). The role of principles in environmental legislation, based on Lima (2006) and Magalhães Filho. The evolution of fundamental rights, based on Garcia (2006), Bonavides (2017) and Magalhães Filho (2004). Collective actions, based on Lima (2006) and Garcia (2006). It deals with environmental protection and the framework of environmental moral damage, taking Ferreira Filho (2004) and Lima (2006) as references. And finally, it deals with collective environmental moral damage, based on Garcia (2006), Ferreira Filho (2004), Lima (2006) and Magalhães Filho (2006). Method: The methodology used in this work was based mainly on bibliographical research, focusing on the study of the related ruling, in addition to consulting books, articles, magazines and other specialized publications in search of answers to the problem presented, with the aim of deepening knowledge on the subject. Results and Discussion: The analysis of the evolution of environmental damage and the approaches to liability, as documented in the unanimous decision in Civil Appeal No. 14586/2001, revealed significant progress. The existence of collective environmental moral damage, supported by constitutional principles, is evident, as is the acceptance of this concept by national legislation and case law. Finally, the article pointed out the ways of repairing collective environmental moral damage, highlighting the importance of promoting efforts to solve this problem. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of study of Environmental Law. These implications may cover Environmental Civil Liability, Environmental Damage, Collective Moral Damage, as well as Environmental Reparation. Originality/Value: This study contributes to the literature by pointing out ways of repairing collective environmental moral damage, highlighting the importance of promoting efforts to solve this problem.