Environmental civil liability of the State of Rondônia: Pollution caused by the deposition of mercury in the Madeira River.

Poluição causada pela deposição de mercúrio no Rio Madeira.

Abstract

ABSTRACT

The balanced environment, understood as everything that surrounds us, whether artificial, natural, work or cultural, is supported by Brazilian legislation, being elevated to a fundamental human right, guaranteeing present and future generations. Alongside the collectivity, the State is responsible for protecting the environmental good, and should always seek to promote the prevention of the existence of damage. Prevention is, therefore, an imperative measure for the State. However, taking into account that we live in a society of risks, it cannot be said, with complete certainty, that every environmental disturbance can be avoided. It is from there that environmental civil liability emerges, as an instrument for coping with the injury or potential damage to the environmental good, when the prevention mechanisms do not prove to be efficient, it becomes possible to impose on the State the duty of reparation by the damage to the environment, upon prior analysis of the existence of action or omission by the Government. In view of this, this work had the objective of verifying the environmental civil liability of the State of Rondônia in the hypothesis of the existence of environmental damage caused by the pollution of mercury deposited in the basin of the Madeira River, resulting from the mining activity over the years. An exploratory descriptive research was carried out on the subject. The general analysis is focused on the study of the civil liability of the State for damages caused to the environment. The focus is on the civil liability of the State of Rondônia, with prepositions that aim to help maintain a balanced environment.

Keywords: Guardianship. Environmental Law. Mining. Environment pollution. Mercury. Madeira River. Civil Liability of the State. State of Rondônia.