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The dignified existence is only possible if there is balanced environment,
so it is quite unavailable and diffuse with relation to human dignity. The
environmental damage is indefeasible. Moreover, all the agents respond
jointly liable, together or individually, for all the damage, including the good
faith purchaser who bought a building with problems without knowing it.
Usually, in cases of strict liability, there are four causes that break the
causal nexus: fortuitous event, force majeure, fact exclusive to the victim or
to others. However, this does not apply to the environmental responsibility.
In addition, there is inversion of the burden of the proof and assumption of
the causal connection. So, besides of the environmental civil responsibility
being objective, integral, inalienable and jointly, the causal connection is
assumed, and there is inversion of the burden of proof.
Environmental crime
A person needs to breathe or inhale the
legionella
to become a host, so
it is imperative the existence of water in little droplets of aerosol or spray to
transport the bacterium to the interior of the lung. There are several types
of equipment that produce and disperse water in the air: cooling towers,
decoration fountains, showers, humidification systems, fan systems with
water spray, fire fighting systems among others.
Being so, the contaminationcanoccur invariousplaces suchas shopping
centers, industries, commercial buildings, dentists’ practices, clubs, cruise
ships, hotels and parks. Once in suspension in the air, the droplets can be
transported by the wind, infecting people that are miles away from the
source of contamination.
