Civil Responsability of The State for Granting Environmental License

Abstract

The ecologically balanced environment is a fundamental condition to the maintenance of life on Earth, and there is no way to dissociate both concepts. However, it is not an easy task to achieve the optimal balance to answer the needs of everyone involved without degrading it. At this point, it is the role of the State in order to determine limits to preserve the common good, considering that the Federal Constitution of 1988 lifted to the status of a fundamental

right both balanced environment as the economic and social development. Environmental licensing is an essential tool in the pursuit of sustainable development. Your contribution is straightforward and aims to find the balanced interaction between the economic action of Man and the environment in which it is inserted. What is searched is the compatibility of economic development and free enterprise for the environment within their regeneration and permanence capacity. For this purpose, the Government grants, based on the relevant environmental impact assessment, an environmental license and provides conditions in order to give development with minimum environmental impact. The environmental license does not exclude, but only minimizes the possibility of damage to the environment. In this context, this study, with qualitative nature and bibliographic data collect, will approach the way to fix such damage, which occurs through the institute of civil liability. Concerning specifically with the responsibility of the State, It shall be liable for the damage that their agents cause to third parties, even when the legal guardianship is the environment. In this sense, the State is also civilly liable when there is damage to the environment caused by the exercise of the particular activity, properly licensed by the Government.