A responsabilidade civil ambiental do condomínio de lotes frente os danos ocorridos nas unidades privativas autônomas

Abstract

This dissertation aims to investigate the hypotheses that the condominium of lots may be held civilly liable for environmental damage that occurred in private autonomous units. Using the deductive hypothetical approach method, after deepening the research on the condominiums of lots, their nature and function in cities, the dissertation analyzes the environmental civil responsibility, pointing out its function in society and the informational principles in the present time. Then, it focuses on the indirect polluter and on the treatment given to the causal link by the legal doctrine and by the Brazilian superior court, also highlighting the exclusionary causes of environmental civil liability of the third party. At the end, the dimensions and peculiarities that challenge the traditional rules of environmental civil liability against the indirect polluter and the difficulties arising from the proof of environmental causality are highlighted. The work suggests, when facing the problem, an expansion of the concepts of causal nexus in face of the incorporation of material and procedural elements as a way to understand the proposed theme and solve the research problem. [resumo fornecido pelo autor]