Reflexões sobre o limite de tolerabilidade e o dano ambiental
The present study under the topic “Reflections on the limit of tolerance and environmental damage” is the alleged study of civil liability as a consequence of environmental damage. The research is guided in the search of an ecologically balanced environment, to the extent that environmental law...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2013
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7512699 |
| Source: | Jurídicas, ISSN 1794-2918, Vol. 10, Nº. 1, 2013, pags. 47-62 |
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| Summary: |
The present study under the topic “Reflections on the
limit of tolerance and environmental damage” is the
alleged study of civil liability as a consequence of
environmental damage. The research is guided in the
search of an ecologically balanced environment, to
the extent that environmental law is assessed as an
instrument for the protection of legal interests subject
to it. The main objective is to analyze the need for
a different proposal of environmental responsibility
facing the collectivity, especially before the perceptual
paradigm of values break in the contemporary
world. The liability for environmental damage
requires, obviously, the existence of a compensable
damage. The study is justified based on the specific
particularities that make up environmental damage
related to what is called “torts”. And this is delineated
when there is differentiation between human actions
causing “environmental damage” and “tolerable
environmental impact”.. Finally, the hidden aspects
of this particular difficulty are investigated, as well as
the theoretical and legal instrument evaluation used
to overcome it. This is to say, the limit of tolerance. The
methodology to be used in the development of the
research comprises the Cartesian method regarding
data collection and the final report of the inductive
method with the referent category techniques
operational concepts, research and literature review.. |
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