Responsabilidade civil ambiental das instituições financeiras

Abstract

This paper approaches all aspects of financial institutions‟ environmental civil liability. It shows the relevance of the environmental issues to a bank and identifies them as a true environmental risk that is to be managed. This way, by granting loans to potentially polluting activities, it is necessary that the financial institutions adopt specific criteria regarding the environment under the penalty of being held accountable for the damages caused by said activities, according to the law; for such, the scientific methodology used favors a theoretical, explanative, qualitative and bibliographic research, whose chosen method was deductive. As a matter of fact, this paper details the economical and environmental characteristics and then lists them, and from there it places the financial institutions within this context, necessary grounds to identify the regulations pertaining to all environmental liability spheres, mainly the civil one, to clearly deal with the specific aspects of the environmental civil liability of banks by the end. Thus, the environmental risk is a new type of legal risk, of relevant and irreversible importance. Key words: Environmental liability. Financial institutions. Objective civil liability. Posed risk. Quantitative and time limitations. Null agreement. Non-applicability of exclusions