Visão Ecologizada do Direito na Inversão do Ônus da Prova no Processo Civil Ambiental

Abstract

Abstract

This paper establishes the constitutionality of reversing the burden of proof in environmental civil proceedings, from the reaffirmation of the existence of a global environmental crisis, which affects all forms of life and ecological systems, by modern theorizing in the sense of applying a greened vision to current environmental law, that means attribut an interpretation of norms, and also their creation, from an ecological perspective, no longer just environmental and anthropocentric, but biocentric. This biocentric interpretation is reflected in the analysis of the jurisprudence of the Brazilian superior courts (Supreme Federal Court - STF and Superior Court of Justice - STJ) on the environmental issue, concluding, based on current constitutional guidelines, that it is constitutional to reverse the burden of proof on environmental issues, especially considering the precautionary principle. In the study, bibliographical and jurisprudential research was used, from the quantitative and qualitative analysis of the collected data.

Keywords: Law. Greening. Burden of proof. Inversion. Constitutionality.