THE ECOLOGICAL DAMAGES RECOVERY UNDER THE BRAZILIAN LAW

Abstract

This paper analyzes the ecological damages recovery under the Brazilian Law from a critical point of view, by studying the peculiarities and differences between ecological damages and environmental damages, as well as discussing how the aspect of recovery of damages is addressed in the comparative law. The methodology was based on a review of the national and foreign literature and legislation, as well as an analysis of court precedents on this matter. The main objectives of the present paper are the demystification and the critical assessment of the romantic vision related to the natural recovery, understood as the return of the environment to the status quo before the damage had occurred. It was verified that this recovery must, as a matter of fact, seek an approximation to the status of the environment prior to the damage, but not its complete or pure recovery, since this scenario would be an impossible object, mainly due to the lack of reliable and updated databases on the aspects of environmental quality that can be used as a parameter of comparison between the environment before the damage and the environment after the damage. It was concluded that the pecuniary indemnification is a secondary obligation, that is only can be imposed when it is not possible to recover the ecological damages.