O seguro como instrumento econômico de garantia de reparação de danos ambientais

Abstract

The article proposes a reflection on the improvement of the environmental civil liability system, from the perspective of instituting mechanisms to guarantee compliance with duties to repair the environment damage. It considers the insufficiency of traditional structures and solutions by the state, aiming at the construction of paths that interact with private and market solutions, a universe in which the environmental insurance is inserted as economic instruments. The investigation includes the advantages of using insurance as a way of meeting risk management expectations, from the perspective of environmental precaution and prevention, as a way of structuring reserves to deal with situations of damage resulting from environmental accidents. The theme is situated within the scope of social solidarity, insofar as the whole community must act and be responsible for structuring forms of rrepair and protect the environment, which may be possible through the risk dissipation techniques inherent in the operation of insurance. The international experience is briefly presented, in a critical way, in order to establish criteria and scenarios for the construction of an efficient management, responsibility and repair system for environmental damage in Brazil