EM - Escola de Minas

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The precautionary principle and the risk concept.
(2020) Gouveia, Antônio Maria Claret de; Gouveia, Alberto Frederico Vieira de Sousa; Serrano, Alessandra Marques; Soares, Melissa Manger; Versiani, Eduarda Veloso
Objectives: This work focuses on the Precautionary Principle, starting from its current position as a principle still extra-judicial until the delineation of a procedural routine that effectively includes it in the quarrels in which the precautionary nature is evidenced. The context is the duty of care towards the environment, introduced in the main section of Article 225 of the 1988 Constitution. Methods: descriptive, applying hermeneutic principles to analyze laws and literature; the notion of risk, associated with human affairs, is used in order to establish the basis for suggestion of a procedural routine for cases of precautionary nature. The concepts of civil liability without damage and of malice or negligence in face of risk exposure are discussed in parallel for their importance in sustaining the precautionary nature of a dispute. Results: the duty of care towards the environment stated in the main section of Article 225 of Constitution of 1988 makes evident that introducing a procedural routine proper to treat the cases of precautionary nature is a necessity of Brazilian Civil Processual Law. It is concluded that discussing the precautionary nature of the case the public audiences and amicci curiae roles is a first phase in this procedural routine. Next, the formation of Court's conviction in a context where there isn't scientific confidence about the consequences of someone's act or omission must be considered. The decision which may not be the end of the case may include the installation of an Observatory to follow and evaluate periodically the environmental consequences of the enterprise.
Environmental compensation : means for repairing damage caused by usage of the area and protected natural resources.
(2020) Gouveia, Antônio Maria Claret de; Serrano, Alessandra Marques; Gouveia, Alberto Frederico Vieira de Sousa; Silvério, Adriana Marques Serrano; Cavalcanti, Thiago Rodrigues
This research aimsto identify and describe the legally established environmental compensations to which persons and legal entities are subjected to due to use of specially protected areas and natural resources for the development of economic activities within the Brazilian territory. The methodology used for the research was a qualitative approach using bibliographical and documentary data, such as articles and standards stipulated in Brazilian environmental laws. Through this study, considering the current environmental standards, it is possible to identify the compensations provided for by the law of the National System of Conservation Unit no. 9985/2000; the environmental compensations for the use of permanent preservation areas, removal of threatened flora species, suppression of native vegetation encountered in the Atlantic Forest biome, as well as intervention in natural cavities. All these compensations were instituted by standards that regulate the use and protection of such natural resources - it remains to be verified whether such obligations have been fulfilled by users of these resources and whether the Public Power has been monitoring their compliance by exercising its supervisory power.
The precautionary principle and the risk concept.
(2020) Gouveia, Antônio Maria Claret de; Gouveia, Alberto Frederico Vieira de Sousa; Serrano, Alessandra Marques; Soares, Melissa Manger; Versiani, Eduarda Veloso
Objectives: This work focuses on the Precautionary Principle, starting from its current position as a principle still extra-judicial until the delineation of a procedural routine that effectively includes it in the quarrels in which the precautionary nature is evidenced. The context is the duty of care towards the environment, introduced in the main section of Article 225 of the 1988 Constitution. Methods: descriptive, applying hermeneutic principles to analyze laws and literature; the notion of risk, associated with human affairs, is used in order to establish the basis for suggestion of a procedural routine for cases of precautionary nature. The concepts of civil liability without damage and of malice or negligence in face of risk exposure are discussed in parallel for their importance in sustaining the precautionary nature of a dispute. Results: the duty of care towards the environment stated in the main section of Article 225 of Constitution of 1988 makes evident that introducing a procedural routine proper to treat the cases of precautionary nature is a necessity of Brazilian Civil Processual Law. It is concluded that discussing the precautionary nature of the case the public audiences and amicci curiae roles is a first phase in this procedural routine. Next, the formation of Court's conviction in a context where there isn't scientific confidence about the consequences of someone's act or omission must be considered. The decision which may not be the end of the case may include the installation of an Observatory to follow and evaluate periodically the environmental consequences of the enterprise.

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