THE STATE’S SOLIDARY CIVIL LIABILITY – BILL 2159/2021

Abstract

This article consists of the analysis of PL 2159/2021, which is currently being processed in the Federal Senate and has been in the Rapporteur’s Office since 05/31/2023 and brings flexibility and less bureaucracy to Environmental Licensing. Based on the legal concept of direct and indirect polluter, as well as an analysis of the institute of objective civil liability, always in the light of constitutional principles and the guidelines of the National Environmental Policy, the objective was to demonstrate the possibility of joint and several civil liability of the State as an indirect polluter in the face of the text of the aforementioned Bill of Law, imputing to the State joint and several civil liability for the environmental damage caused by its omission to supervise. This was a legal investigation based on the hypothetical-deductive scientific method, using a theoretical qualitative approach through exploratory reading. It was essential to carry out the interpretative delimitation of the indirect polluter, the limits of joint civil liability and the constitutional State to intervene and supervise, resulting in the State being the agent causing environmental damage, occupying the position of indirect polluter due to its supervisory omission.