The Repair of Civil Developments with Environmental Compensation: An Analysis in Brazilian the Court of Superior Based on Special Appeal 896.863

Abstract

This article analyzes the Special Appeal (Resp) No 896863-DF in the Superior Court of Justice (STJ) defines the non-occurrence of bis in idem when even with the implementation of an environmental compensation the degrading is sentenced to repair civilly damage caused by your enterprise. This analysis will unfold in the definition of environmental responsibility in the Brazilian law and forms of civil damages the environment. It will be observed that the environmental compensation has the distinct nature of civil damages, each institute applied due to pipelining by facts that have no connection. Through deductive methodology with theoretical and documentary research, verify that the rules of substantive law adequately serve the purpose of civil remedies and do not have the same purpose of environmental compensation. However, it is still addressed the deficiency of judicial protection due to the lack of specific procedures and consistent to environmental protection, especially in relation to the liquidation of environmental damage.