Repairability of the environment damage in the system of the civil responsabilization: 25 years of law 6938/1981

Abstract

The present article deals with the evolution of the environment civil responsabilizaton in the Brazilian legal system. Search systemize the aspects related to the repairing of the environment, from a panoramic vision. In this step, it treats, initially, of the description of the ambient civil responsabilizaton in Brazil, with approaches for the Law of the National Politics of the Environment and for the functions of the civil liability. After that, it analyzes the ambient damage, its conceptualization and classification. Itexamines, to follow, the forms of repairing of the damage, detaching the prevalence of the restoration in natura, as well as some concernentes judgeships to the subject. Finally, it approaches – in function of its present time – the question of the collective extrapatrimonial pain and suffering, alleging judged that already they had contemplated its repairability.