O dano moral coletivo no direito ambiental

Abstract

Environmental civil responsibility. Environmental collective moral damage. This monograph begins with some considerations about the role of the principles, mainly the principle of the dignity of the human person, in the national ordainment structure. It offers the fundamental rights evolution, emphasizing the third generation/dimension rights. It fits the right to an ecological balanced environment as an autonomous benefit for diffused receivers. It analyzes the systematization of the collective rights and the actions which guarantee them. It discourses about the evolution of environmental concern and the nature of the environment protector norms, widened anthropocentric perspective. It lists the mainly directing principles of environmental law. This work also dissertates about the civil responsibility peculiarities on the handling of the environment patrimony. The collective and preventive tutelage of the environment responsibility. It shows the evolution of the environment damage on the national ordainment. It demonstrates the existence of the environment collective moral damage which is supported by various constitutional foundations. The reception of the collective moral damage by the national legislation and the jurisprudential understanding about this argument. It, finally, indicates the ways of reparations of the environment collective moral damage.