Controle de riscos e danos ambientais face à Política Nacional de Resíduos Sólidos : a responsabilidade do poder executivo municipal no RS, por danos oriundos do descarte irregular de resíduos sólidos urbanos

Abstract

This research addresses the theme of environmental civil liability of the municipal executive powers of RS, for damages arising from the irregular disposal of urban solid waste. It appears that, in Brazil, the current environmental problem on the subject is found in the disposal and inadequate disposal of these wastes, since they can cause health problems for the population and damage to the environment. The research presents a legal, doctrinal and jurisprudential analysis on the environmental civil liability of the municipal executive branch in the face of damage to the environment and solid waste, from the perspective of STJ decisions and RS jurisprudence. Jurisprudential, exploratory, bibliographical research is used, based on qualitative and quantitative data and the inductive methodology for this purpose. In this sense, this study seeks to describe how the jurisprudence has manifested itself regarding the civil liability of the municipal executive branch in the state of Rio Grande do Sul in the face of environmental damage with urban solid waste and what are the main reasons that have led to its punishment. To respond to the research problem, a basic doctrinal construction was carried out describing that the current national solid waste policy aims to eliminate the disposal of solid waste in the open, however, it is demonstrated that these places still exist in Brazil and RS . Civil liability for environmental damage caused by urban solid waste is objective, based on the Federal Constitution, the National Environmental Policy, the Civil Code and the National Solid Waste Policy. Environmental civil responsibility for the collection, treatment, destination and proper disposal of solid urban waste rests with the municipal executive power, whether in action or omission. The study presents a comparative analysis of the main legal instruments used for the civil environmental responsibility of the municipal executive power. The most effective and most effective instruments with regard to environmental damage are the civil inquiry and the public civil action, and the Public Prosecutor's Office is a legitimate party to propose both. It is concluded that the jurisprudence with extrajudicial decisions and judicial sentences containing the civil obligations to do, not to do and pecuniary indemnities are the main motivations for convictions of the municipal executive powers of RS. It is presented as examples of motivation for condemning the non-disposal of garbage in irregular landfills, permanent preservation areas and vacant lots. [resumo fornecido pelo autor]