Dano moral ambiental: evolução normativa, doutrinária e jurisprudencial

Abstract

A revaluation on the concept and application of the law and norms of environmental protection, is a present and urgent matter. The interest in the object, the environment, to be satisfactorily protected, reinforces the duty to search for an implementation of the law and the legislation regarding environmental protection strengthening its giving tutelabilidade and application. The issues environmental are, or should be, a relevant concern to all branches of law, to all States and to the society as a whole, and should not only be supported by Environmental Law, given that only by spreading the ideals and modifying the standards, habits and social instruments, we can effectively achieve environmental objectives. In this sense, this work seeks to develop a brief study on the progress of liability for environmental damage, especially regarding the evolution and consolidation of the appropriateness of liability for collective damages in environmental matters. Therefore, a normative, doctrinal and jurisprudential analysis will be done, observing how the environmental damage and moral liability developed throughout time, into a more holistic and comprehensive understanding of liability when it comes to damage to an ecologically balanced environment, as for, just through the dissemination of ideas and reworking society’s pattern, habits and instruments, we can achieve effectiveness of environmental objectives .