PUBLISHING | BOOK

International and European Law

A reparação do dano ambiental

LPL Author(s):
Heloísa Oliveira
Within the scope of the Project:
Legal Roadmap for Sustainability
Research Areas:
Environmental Law
Bibliographic reference:
OLIVEIRA, Heloísa. A reparação do dano ambiental. AAFDL Editora, Lisboa, 2022.
Research Group(s):
International and European Law
978-972-6297-66-6
Publishing company: AAFDL Editora
Ano: 2022

Synopsis

Modern environmental law continues to be marked by the preventive objective that marked its origins. Environmental reparation has not had, normatively and in doctrine, a comprehensive perspective. The mere adaptations of existing regimes created an incoherent scenario in the regulation of environmental damage; and the doctrine has analyzed environmental damage compensation regimes almost exclusively within the framework of civil liability assumptions. This is not the perspective adopted here.
Starting by delimiting what the environment is (as a legally protected legal asset) and environmental damage, this study then focuses on the duty of environmental repair, whatever its assumptions or basis. An exhaustive identification of environmental reparation duties in current law led us to the conclusion that these duties affect very diverse damages (current and historical, diffuse and specific source, legal and illicit) and aim at comprehensive, effective and specific reparation, be it ex post or ex ante. This global perspective made it possible to understand that the assumptions and foundations of environmental responsibility are also diverse, including models based on the polluter pays principle (using civil liability or the duties of operators in carrying out regulated activities), but also on the duties of the owner and the State's duties to protect the environment and fundamental rights.
It is in this context that, finally, the question arises whether there is a general duty of the State to guarantee reparation for environmental damage, and, based on international law and constitutional law, the existence of a principle of environmental reparation much more comprehensive than that of which would result from a reparatory system based on the polluter pays principle.

Lisbon Public Law Research Centre

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