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Urban Environment
When talking about environment, the most direct idea that comes
to mind is the protection of trees and animals. However, cities also are
environment and is where most of the population lives. Therefore, to
ensure the quality of air and water within the buildings is an environmental
responsibility.
In Brazil the matter has constitutional significance. According to the
most important Brazilian law, everyone has the right to an ecologically
balanced environment, which is characterized as good of common use to
the people and essential to the healthy quality of life. So it must be defended
and preserved for current and future generations by private enterprises, by
the government and by the community.
If that is not done, a single fact can generate the administrative, civil
and criminal liability, the one not excluding the other.
In terms of indemnity, the responsibility does not depend on fault or
guilt, all that is required is causal nexus and damage. After all, those who
performan activity, when earning profit with it, assume the risk of answering
by the damage caused objectively, that is, regardless of the intention or not
to cause harm, or regardless of acting with imprudence, incompetence or
negligence.
As the purpose is exactly to avoid damage to the environment, all the
legal logic of protection and environmental management is based on a
preventive dynamics, but once occurred, it must be repaired in the widest
way possible, to discourage other potential pollutants. The remediation,
though, must be integral comprising the damage effectively caused, as well
as the entire extension of consequent damages produced.
