Application of punitive damages to brazilian environmental law - analysis of legal viability
This paper aims to analyze the viability of applying the punitive damages institute to brazilian environmental law. To this end, he discussed civil liability for environmental damage in Brazil; conceptualized the punitive damages and their functions; identified the forms of application of the instit...
| Authors: | , |
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| Format: | article |
| Status: | Published version |
| Publication Date: | 2022 |
| Country: | Brasil |
| Institution: | Universidade Nove de Julho (UNINOVE) |
| Repository: | Revista Prisma Jurídico |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.periodicos.uninove.br:article/20809 |
| Online Access: | https://periodicos.uninove.br/prisma/article/view/20809 |
| Access Level: | Open access |
| Keyword: | environmental law environmental damage punitive damages civil responsibility Direito Ambiental dano ambiental indenização punitiva responsabilidade civil |
| Summary: | This paper aims to analyze the viability of applying the punitive damages institute to brazilian environmental law. To this end, he discussed civil liability for environmental damage in Brazil; conceptualized the punitive damages and their functions; identified the forms of application of the institute by Brazilian Courts, evaluating the viability of applying the institute to Brazilian law; discussed the obstacles to be faced in order to internalize the institute to Brazilian Environmental Law. The compatibility of punitive damages with Brazilian environmental law emerges as a hypothesis. It is concluded by the legal viability of applying punitive damages to Brazilian environmental law, due to the legal nature of the environment and the need to discourage the practice of harmful conduct to the environment, evidencing criteria that must be observed for the applicability of that institute. The hypothetical-deductive methodology was applied, with a bibliographic research technique, using scientific articles referring to the problem-theme and judgments of the Brazilian Courts relevant to the development of the research. |
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