Áreas públicas em situação de abandono e a responsabilidade civil objetiva do estado

Abstract

The institute of civil Liability and environmental protection are two victorious advances in modern society. Since the promulgation of the 1988 Constitution, the public authority and society have a duty to preserve and defend the environment for present and future generations. Along the last decades, the normative environmental protection and the jurisprudence were reinforced and improved in favor of the implementation of fundamental rights, including through the use of judicial liability, representing a relevant environmental protection instrument. It turns out that, despite all the progress already achieved, the country continues to deal with latent environmental issues, completely contrary to the constitutional normative order. This dissertation will begin with a panoramic analysis of the historical formation of the dynamic institute of civil liability, highlighting its doctrinal and mainly normative advancement. It continues with the analysis of the effectiveness and application of the institute internally, highlighting its requirements and elements applicable today. At the end, it will discuss public areas and the possibility of applying objective civil liability to the detriment of the state for omissive conduct when characterized by the abandonment of a certain public space. The methodology used in this research was the deductive method, after analyzing the information, to reach the final result. The means used to carry out this research were doctrine, legislation and jurisprudence, as well as documents available on the websites of the global computer system (internet) of public and private organizations