UMA ANÁLISE CRÍTICA DOS ELEMENTOS DA RESPONSABILIDADE CIVIL AMBIENTAL E OS REQUISITOS PARA A RESPONSABILIZAÇÃO DO POLUIDOR INDIRETO

Abstract

This monograph presents a critical analysis of the fundamental elements of environmental civil liability in Brazil and the concept of the indirect polluter — a controversial legal figure that has sparked significant debate in environmental law. The central objective is to examine the risk theories addressed in Brazilian legal doctrine — especially strict liability ("risco integral") — and to verify which theory is actually adopted by Brazilian law. The study also explores discussions on the (in)dispensability of the causal link, the figure of the indirect polluter, and the legal criteria proposed for its accountability. The research outlines the evolution of civil liability in environmental law, beginning with the constitutional recognition of environmental protection and its elevation to a third-generation fundamental right by the 1988 Federal Constitution. From this foundation, the study addresses current debates on risk theories, causation, and indirect polluters. In this context, civil liability — once restricted to private damage — expands to encompass the protection of diffuse and intergenerational interests, assuming preventive, reparatory, and educational functions. The work examines how the classical elements of liability — damage, causal nexus, and attribution — are reshaped in environmental law due to the complexity of ecological harm and the multiplicity of contributing agents. The research emphasizes the objective nature of environmental civil liability, as provided by Article 14, § 1, of Law No. 6,938/1981, the Federal Constitution, and the general clause in Article 927, sole paragraph, of the Civil Code. To support its analysis, the study revisits key case law and doctrinal positions that offer normative and dogmatic foundations for the legal treatment of indirect polluters. Methodologically, this is a theoretical and qualitative legal study, based on the deductive method and analysis of doctrine, case law, and legislation. The work is divided into four chapters, culminating in a critical examination of the indirect polluter and the legal criteria for assigning liability. The study concludes by emphasizing the need to strengthen civil liability mechanisms to ensure environmental protection and intergenerational justice.