A RESPONSABILIDADE CIVIL EM MATÉRIA AMBIENTAL E A SUSTENTABILIDADE: refelxões sobre a proteção de bens tombado na perspectiva do STF

Abstract

This research analyzes civil liability in environmental matters and its relationship with sustainability, focusing on the protection of listed properties from the perspective of the Brazilian Superior Court of Justice. The aim is to verify the appropriate accountability and its parameters based on an article published in Consultor Jurídico in September 2024. The authors' reflection leads to the understanding, according to the aforementioned Court, that there is civil environmental liability in cases of expropriated listed properties, and this position reflects a modern view of Brazilian environmental and heritage law. By exempting the former owner from liability for environmental liabilities, the Court recognizes the importance of state action in preserving assets of collective interest, but also reinforces the idea that environmental degradation must be repaired, especially when it affects the diffuse interest of the collectivity, in light of Article 225 of the Federal Constitution.