A responsabilidade civil do estado por omissão nos casos de dano ambiental: solidariedade ou subsidiariedade?

Abstract

This paper aims to analyze the civil liability for omission of the State in cases that such omission is the determining cause of an environmental damage. The subsidiary execution of the State is challenged, reviewed and analyzed through diverging decisions of the Superior Court of Justice (STJ), which is, generally, either the last or the only resort for an appreciation concerning the interpretation and application of a federal law. Civil liability for environmental damage is a multidisciplinary subject, which assumes the necessary interaction of various law fields, such as Civil, Administrative, Constitutional and Environmental Law, denoting the relevant dimension of the problem. Finally, this paper defends that the solidary liability of the State is the most consistent solution given by the Constitutional norms.