Search

This paper aims to analyze the viability of applying the punitive damages institute to brazilian environmental law. To this end, he discussed civil liability for environmental damage in Brazil; conceptualized the punitive damages and their functions; identified the forms of application of the institute by Brazilian Courts, evaluating the viability of applying the institute to Brazilian law; discussed the obstacles to be faced in order to internalize the institute to Brazilian Environmental Law. The compatibility of punitive damages with Brazilian environmental law emerges as a hypothesis. It is concluded by the legal viability of applying punitive damages to Brazilian environmental law, due to the legal nature of the environment and the need to discourage the practice of harmful conduct to the environment, evidencing criteria that must be observed for the applicability of that institute. The hypothetical-deductive methodology was applied, with a bibliographic research technique, using scientific articles referring to the problem-theme and judgments of the Brazilian Courts relevant to the development of the research. [ABSTRACT FROM AUTHOR]

This study pursues to address the environmental responsibility of the charterer not operator in civil, criminal and administrative spheres, including the responsibility on the Maritime Court. The article seeks to clarify until where the responsibility of the charterer extends in the environmental sphere, for the environmental damage, by recognizing the risk of maritime activity as causation. [ABSTRACT FROM AUTHOR]

One of the major issues faced nowadays in the cities of Brazil and the world are based on the problem of adverse events on certain areas, causing human, material, environmental, economic, political and social damage. Among the phenomenons that stand out, we quote the floods, flooding and debris flow. These natural processes, often aggravated by human activities use and occupation of urban land, become the interest for many researchers because these events affect mainly areas where cities, social groups, infrastructure networks and flows of networks are located. Therefore, it has aimed to discuss environmental issues based on the concepts of risk, vulnerability and environmental justice for the Baixada Fluminense (historically known as a sacrificial zone within the metropolis of Rio de Janeiro), where it is understood that everyone should have right to fair treatment, regardless of income or source of social groups, and a healthy environment. It is important to emphasize the issue of environmental risk, for the understanding when it is realized that the inhabitants of the Baixada Fluminense are in a disadvantaged area, for the territory, which they have been induced to use and occupy areas more susceptible to flooding, we comprehend that the environmental risks experienced by this population indicate irregular development. [ABSTRACT FROM AUTHOR]

Copyright of Lusíada. Direito e Ambiente is the property of Fundacao Minerva-Cultura-Ensino e Investigacao Cientifica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Accounting for environmental damage is relevant to how one measures the extent and severity of inequality and poverty, and the question of ecological distribution — how the costs associated with environmental damage are distributed across the population — is critical. Following Khan's (1997) study on Bangladesh, I use environmental damage estimates to adjust inequality and poverty measures for Brazil and Costa Rica. Unlike Khan, I test for different assumptions regarding the ecological distribution. Provisional results indicate that inequality and poverty are understated, and that, under certain assumptions, both worsened in Costa Rica during the 1980s, contrary to what conventional statistics suggest. Want of reliable ecological distribution data, however, suggests that sensitivity analysis around competing assumptions may be preferable to conventional indicators. [ABSTRACT FROM AUTHOR]