Os instrumentos de prevenção do dano ambiental em face da insuficiência da reparação pecuniária como forma integral de proteção

Abstract

This paper aims to analyze the most effective possible legal solutions in the face of the limits and ineffectiveness of civil liability, especially of pecuniary reparations, in the fight against environmental damages, especially those resulting from disasters. The discussion is contextualized in the cases of tailings dams rupture in the cities of Mariana and Brumadinho and in the alarming situation experienced in Barão dos Cocais and aims to identify, in the planning unit, other legal mechanisms capable of performing a preventive function and, consequently, a more effective protection of the environment, in the light of constitutional norms. Thus, the potentialities of the preventive mechanisms covered by the Brazilian legal system are addressed, such as compliance, preventive intervention by the Public Prosecution Service, certain procedural preventive instruments and the role of the regulatory power and the Public Administration, so that a effective protection of the right to a balanced and sustainable environment.