Da obrigatoriedade jurídica do seguro ambiental no direito brasileiro: uma análise crítica dos projetos de lei que versam sobre o tema.

Abstract

Due to the lack of mechanisms able to achieve the environmental legislation, there’s a clamor for new tools to protect the environment. In this sense, arises the environmental insurance, which has the worth of acting before and after the ocasion of environmental damage; being, therefore, preventive and reparatory. Given the existence of three bills on the subject, now pending in National Congress, the present study seeks to analyze them, in order to conclude which one is best suited to our legal system. Since the environmental insurance is a new theme, and that it has the power to affect the business market in several ways, the critics to it’s institution are ordinary, especially if it happens compulsorily, as some bills propose. So, there is a tension between those who say that the brazilian market is not ready to receive this type of insurance, and those who stand up for it, seeing in this instrument an effective way of protecting the environment.