A Responsabilidade Civil Objetiva e o Nexo de Causalidade em Matéria Ambiental: A Necessidade de Vedação do Retrocesso ao Infinito a Partir de Orlando Gomes

Abstract

The article proposes to investigate the theory of objective responsibility in environmental matters from the civil construction to the nexus of causality. As a theoretical framework will be used the author Orlando Gomes, and the answer that will be sought is the denial of infinity as a theoretical possibility. Thus, the action of man on environmental goods has been increasingly intense and derives from the capitalist system to which he is inserted. Demanding the exhaustive use of natural resources, it provides unbridled consumption of economic goods and creates a culture of development representative of the success of today’s societies. Moved by economic interests, man often ends up producing an environmental damage that is irreversible, compromising human life itself, as well as the life of other species that are on earth. In both cases there is a duty to repair damages and civil liability in environmental matters, stipulated, as a rule, to be objective and joint, under the terms of the law, not admitting loopholes or reads based on arguments constructed from legal principles or opinions Idealized. However, in seeking the elements of civil responsibility in civil law itself, something new is captured, especially when analyzing the theories developed by Orlando Gomes for the causal link. Therefore, the deductive method will be used.