THE INDIRECT POLLUTER AND CIVIL ENVIRONMENTAL LIABILITY FOR PRECEDENT DAMAGES

Abstract

Indirect polluter, one that causes environmental degradation indirectly, has been at the center of some discussions on environmental tort law cases, it has been sued even when the environmental damage precedes his conduct. Especially those who acquire forest product by Forest Origin Document (FOD) ideologically false have been targets of uncritical environmental liability. This article seeks to define the concept of indirect polluter in the case of environmental damage precede the conduct of the agent. The methodology consisted of bibliographical and documentary research, and a discussion was carried out on those who purchase a forest product with an ideologically false Forest Origin Document (FOD) and that have been the targets of uncritical liability by the environmental agencies, the Public Prosecutor’s Office and even the Judiciary. It was verified that in order to process the purchaser of charcoal with ideologically false FOD, it is necessary to prove that there was knowledge (or should be) about an irregularity, only being able to charge liability for the wood resulting from the operations in which this fault is characterized.