O caso Pinheiro sob o enfoque da teoria da responsabilidade civil pelo ilícito lucrativo

Abstract

This work sought to analyze the problem about the insufficiency of Brazilian civil liability regarding to the insufficiency of its monofunctionality and its purely compensatory character, focused on the damages suffered. In this sense, a case study was carried out, with qualitative research and data collected from documental survey and bibliographic analysis. It sought to address the need for both doctrinal and legislative innovation in order for new legal instruments to emerge as a way to ensure greater effectiveness of norms and principles in the Brazilian legal system, with the work focused on the so-called civil liability for the lucrative illicit, through which the traditional purely compensatory character is overcome and there is space for the so-called restitutive function of responsibility. In this work, the Pinheiro Case, which took place in Maceió-AL, was used as a reference, a socio-environmental disaster from which it was understood the existence of responsibility on the part of the company and, in addition, illicit character in the development of its activities, making it possible to relate the mentioned theory with a concrete case. The difficulties pointed out contribute to raising the need to expand horizons regarding the functionality of civil liability and consequent updating to the bilateral vision of the desired full reparation, depending on the case, with action both related to the losses suffered by the victim, as well as the earnings made by the offending agent from the illicit behavior.