Responsabilidade civil das concessionárias de rodovias: lesão individual por dano ambiental em face de acidente na via, decorrente de deficiências de construção, conservação, manutenção ou sinalização de rodovias

Abstract

This study deals with the civil responsibility of highway concession holders and individual harm stemming from environmental damage caused by road accidents, resultant from improper construction, maintenance or signposting of highways. It deals with aspects of civil responsibility and the concession of highways with toll systems. It is a brief study of concession granting, giving rise to the complex of relationships established between the State, the private concession holder, users and third parties, analyzing the concession contract, its characteristics, and the obligations of the parties. This study spans civil responsibility and the responsibility of the State, focusing on objective responsibility and norm § 6° of art. 37 of the Federal Constitution. Special attention is given to environmental damage, its characteristics, civil responsibility and the responsibility of the State for environmental damage, objective responsibility and the theories that inform them, focusing on individual harm caused by environmental damage and its reparation examining the provisions in Brazilian law. It deals with the responsibility of the highway concession holders focused on application of art. 37, § 6° of the Fede ral Constitution, which extended the responsibility of the State to highway concession holders. It examines the law that has resulted in the civil responsibility of concession holders for damages caused by accidents resulting from improper construction, maintenance or signposting of highways and that relative to civil responsibility for individual harm caused by environmental damage.