Collective and diffuse non-economic damage due to environmental deterioration overcoming the need to demonstrate individual damage for the imputation of civil liability to the degrader

Abstract

The objective of this article is to demonstrate that environmental deterioration, mainly due to major tragedies, cause collective and diffuse non-economic damages and, consequently, the civil liability of the degrader. The results obtained in the investigation show that it is unnecessary to demonstrate non-economic damages for the imputation of liability, concluding, therefore, that verified the existence of significant environmental degradation, the illicit perpetrated and the causal nexus, even if attenuated, it is imposed to the degrader the reparative and punitive measures resulting from his omissive or commissive behavior. A legal-descriptive investigation was used, using the deductive method.