A (ir)responsabilidade civil do agente financiador pelos danos ambientais decorrentes de seus investimentos

Abstract

Considering that the ecologically balanced environment is a diffuse good and integrates the collective patrimony, it being the duty of all to carry out all the protective and restorative measures aiming at its preservation, this dissertation aims to analyze the institute of environmental civil liability of financial institutions correlating them as indirect polluter, when promoting activities potentially or specifically damaging the ecologically balanced environment, and to what extent they can be held accountable. Therefore, an analysis is made of some of the environmental protection measures in force in the country's legal order and their direct impact on the private relations of society, from the scope of private ownership to the economic order, demonstrating in the end their direct influence on contracts. I also discuss about the sectoral legislation and bank selfregulation as a basis for such accountability. Based on this, the hypothetical-deductive method draws a parallel demonstrating the possibility of characterizing financial institutions in the classification of indirect polluters, and consequently in the incidence of joint liability for environmental damages, without the institute of responsibility civil society is unduly broadened to the point of bringing legal insecurity to those involved.