Responsabilidade Civil Solidária do Estado nos danos ambientais em virtude de omissão no licenciamento ambiental

Abstract

The Federal Constitution treated as fundamental rights the ecologically balanced environment, as well as economic and social development. Thus, the State, through its power-duty, is forced to institute instruments capable of harmoniously ensuring the observance of both guarantees. Under such scope is the instrument of environmental licensing, with the purpose of promoting a sustainable development, aiming to cause the minimum environmental impacts to the community, through a previous study of environmental impact. Despite such caution with this diffuse right, environmental damage is not always avoided in its entirety, at which point the duty of reparation by the polluter arises. In addition, the Public Power, after granting environmental licenses, must continue to ensure environmental protection through its duty of supervision and control, and, in cases of omission in the exercise of its function, to respond in solidarity with the particular cause of the aim is to ensure an ecologically balanced environment enshrining the dignity of the human person.