A responsabilidade civil sem danos e o direito ambiental: uma análise sobre o paradigma preventivo e a gestão de danos na sociedade de risco

Abstract

This work aims to analyze the possibility of civil liability without damages as a response to the current risky society and the new damages. Initially, it explains the historical evolution of civil liability, demonstrating that the suppression of the damage is impossible, for it has always been one of the elements needed for the configuration of civil liability itself. However it is valid to sustain that we live in a risky society, where the new damages that have emerged need an appropriate response in order to stop it from affecting an increasing amount of people and extending itself to the future, as they might not me reparable, as it frequently happens regarding environmental damages, the hypertrophy of the civil liability caused by the proposition that the damage is a dispensable part of it the is not the most appropriate way of dealing with them. Therefore, an effective management that allows multiple branches of the Law to jointly act in accordance to their respective limits as a way to prevent damages is needed. In order to exemplify that such a management is possible and preferable to a civil liability without damages, this work will also present Environmental Law’s means to prevent damages, demonstrating how both of these branches have different means of prevention due to their different origins and objectives.