Responsabilidade civil da pessoa jurídica por dano ambiental: uma análise frente ao caso do incidente no bairro do Pinheiro, Maceió/AL

Abstract

The present survey aims analyse the paterns of Civil Liability of a legal entity in face the of environmental damage. In this regard, by means of a new and relevant concret case: the incident of Pinheiro Neighbourhood in the city of Maceió, AL – whom the Mining Industry Brasken, through the mining extraction of rock salt inside the Maceió land area, the industry might have caused the soil instability, making the soil sag and causing risk of surfaces and houses collapses - a timeline of the events was drawn up in order to search for the doctrine, the legal system, the procedural analysis and the jurisprudence extend present or presuppositions of the civil liability and the requirements that configure or that would become the environmental damage for the law Brazilian, its difficulty in finding, fully repairing, quantifying and its means of compensation - including the possibility of using extrajudicial methods to resolve conflicts -; as well as the liability of the legal entity, even when there is damage from lawful activity, that is, risky activity. Starting from the constitutional protection to the environment, mainly with regard to the Triple Repair System, going through sparse laws of environmental protection and demonstrating the importance of collective actions in cases of damage to the environment, a research that seeks to elucidate guiding points, but not unique nor cast, for a resolution of similar conflicts.