Análise da decisão do Superior Tribunal de Justiça no agravo interno no agravo em recurso especial nº 2.281.760/GO à luz dos fundamentos para a caracterização do dano moral coletivo em matéria ambiental

Abstract

This work has, as its main objective, the analysis of the decision taken by the First Panel of the Superior Court of Justice in the judgment of the Internal Appeal in Special Appeal nº 2.281.760/GO, in order to verify its compatibility with the foundations of the institute of collective environmental moral damage. The research has a qualitative character and the methodology used was primarily based on readings of bibliographical sources, legislation and decisions of the Superior Court of Justice. In order to fulfill its main purpose in a satisfactory manner, the monograph also deals, throughout its chapters, with the historical aspects of Brazilian environmental protection, the concept of the environment, the development of the idea of a fundamental and diffuse right to an ecologically balanced environment and the concepts of environmental damage and collective moral damage in environmental matters. The study carried out points out that the decision of the First Panel of the Superior Court of Justice in the Internal Appeal in Special Appeal No. 2.281.760/GO did not correctly apply the institute of environmental collective moral damages, as it did not recognize it, in the specific case, even though the hypothesis of environmental degradation was evidently proven, therefore disregarding its characteristic of being a presumed damage. It is also pointed out that this is a recurring position in the First Panel of the Court, a situation that demands a review of jurisprudence by the panel with the purpose of guaranteeing the This work has, as its main objective, the analysis of the decision taken by the First Panel of the Superior Court of Justice in the judgment of the Internal Appeal in Special Appeal nº 2.281.760/GO, in order to verify its compatibility with the foundations of the institute of collective environmental moral damage. The research has a qualitative character and the methodology used was primarily based on readings of bibliographical sources, legislation and decisions of the Superior Court of Justice. In order to fulfill its main purpose in a satisfactory manner, the monograph also deals, throughout its chapters, with the historical aspects of Brazilian environmental protection, the concept of the environment, the development of the idea of a fundamental and diffuse right to an ecologically balanced environment and the concepts of environmental damage and collective moral damage in environmental matters. The study carried out points out that the decision of the First Panel of the Superior Court of Justice in the Internal Appeal in Special Appeal No. 2.281.760/GO did not correctly apply the institute of environmental collective moral damages, as it did not recognize it, in the specific case, even though the hypothesis of environmental degradation was evidently proven, therefore disregarding its characteristic of being a presumed damage. It is also pointed out that this is a recurring position in the First Panel of the Court, a situation that demands a review of jurisprudence by the panel with the purpose of guaranteeing the correct application of the institute.correct application of the institute.