ENVIRONMENTAL INSURANCE: REFLECTIONS IN THE LIGHT OF CUBAN AND BRAZILIAN EXPERIENCES. CHALLENGES IN RELATION TO CONTAMINATED AREAS

Abstract

The purpose of this article is to verify which types of
insurance are predicted for environmental management and whether this is
an effective instrument for the management of contaminated sites. This
is a relevant and current issue as the number of contaminated areas in
Brazil grows, and in the state of São Paulo, more than 6.000 areas were
identified with environmental liability from 2002 to 2019. For that, an exploratory research was done to identify what exists in the Brazilian doctrine, especially the Cuban doctrine, regarding the environmental insurance theme. The relevant points addressed were: the procedures developed for the identification and management of a
contaminated area, the difference between environmental insurance and
guarantee insurance, and the aspects to be considered for risk and
damage identification and valuation. The contribution of this study
consists in pointing out the challenges for the identification of
different scenarios of environmental risks, showing that the conclusion
of the insurance contract deserves care on the part of the insurer and
the contractor.