Mudanças climáticas e responsabilidade civil por dano ao ambiente

Abstract

Climate change has caused a multiple crisis as it affects natural resources and the environment. But they also produce an economic impact that cannot yet be quantified. In effect, society, for the first time, is confronted with a problem for which it may not be prepared. Furthermore, the results of climate change in nature generate consequences in social relations, in population levels, in food stocks, in new diseases and the expansion of some old ones, in environmental displacements, in short, in topics that would hardly be subject to regulation. Law is a preordained tool for solving human problems. In its traditional configuration, although it can also serve precautionary purposes, these are always linked to human behavior. Prevention aims to inhibit harmful practices from being perpetrated by the species that calls itself rational. Likewise, the Law must adapt and seek solutions at various levels. Mainly property rights, which should be one of the main areas to be affected, both by the greater need for environmental protection and by the occurrence of environmental disasters. In this sense, the work aims to address climate change and civil liability for damage to the environment, as a way of imputing the results of actions that put the environment at risk and intensify or contribute to climate change.