O pedido de compensação na ação civil pública ambiental

Abstract

The objective of this study is to analyze environmental damage repair in environmental class actions brought for purposes of environmental protection through, among others, compensation petitions, including simple, successive and/or future joinder claims (with natural restoration/recovery), an infeasible option. To this end, the right to environment established in the Federal Constitution is examined, followed by a discussion of the concept of environmental damage, taking into account its various dimensions (material and extra-heritage), so as to determine the need for full repair. The analysis will then turn to the claim petition, first applied within the framework of individual tutelage, and then introduced in the context of collective tutelage, specifically in the form of class actions. The discussion will address questions relative to the joinder of petitions in environmental class actions, in accordance with the specific tutelage established under the Consumer Protection Code and article 461 of the CPC. In considering the constitutional right to an ecologically balanced environment, the concept of environmental damage, and the need to repair such damage, we show that the claim in environmental class actions must contemplate full repair of the environmental damage, including simple, successive and/or subsidiary joinder, according to the case, among the petitions for environmental restoration and compensation. We analyze the compensation petition in environmental class actions, to be included in the pertinent cases, as a future joinder claim (an infeasible option), where the compensation request cannot be met. The framing of decisions in class actions, the principle of congruity, and compliance with judicial decisions will be addressed on the basis of the premises set out in the study