A prudência ambiental e o papel do Estado nos danos gerados por sua omissão

Abstract

The dissertation deals with the environmental principle of prudence and responsability of the state for detrimental omissions to the environment. Verifies if the environmental education (formal, non-formal or informal) and the principle of prudence interfer on the responsability of the state for detrimental omissions to the environment. It defends the existence of logical principle groupment from the finalistic character of the principles. The principle or the logical principle groupment of prudence is explained based on the aristotelic phronesis, that consists on the practical prudence or virtue of middle term necessary in front of the context of risks and scientific uncertainty that prevents the isolated application of prevention and precaution. The environmetal education represents a form to practice the environmental prudence, as the popular participation is corollary from the Environmetal Law and is only made by public awareness of the role of the citizen, and the eco citizenship. It´s duty of the state to promote the environmetal education and to protect the environment from occurrence of damages and can answer solidariment with the direct polluter even when omissive in fullfilling this duty. It suports the application of the objective theory from civil responsibility to the cases of detrimental state omissions to the environment, because represents the violation of the specific duty of environmental protection. The environmental prudence guides the subassumption of the Environmetal Law, also on the application of excludents from responsability of the State. The environmental education contributs to reduct the onus from the State responsibility, as by direct reduction of the damages, or by the possibility to establishing the incidence of excludents. It´s a bibliographic research, using references to judicial decisions and legislation. It ´s used analytical, hermeneutic and dialetic methods (prevalent the first), because, in adition to the deductive demonstration of the arguments that answer the problem of research, will also be interpreted, faced and mediated considering the current legal and social contexts.