Analysis of the possibility collective moral damage in environmental law

Abstract

The purpose of this paper is to demonstrate that it´s possible the existence of collective moral damage in Environmental Law. This topic has a great importance since the right to an environment healthy and ecologically balanced is a collective right and consequently the damage to the environment affects the entire community. The repair from an environmental damage is based on civil responsibility. The Public Civil Action is the proper procedural tool to condemn who cause harm to the environment, called “polluter” or repair or compensation. The responsibility of the polluter finds basis in article 14 of Law of the National Policy on the Environment - Law Nº 6938/81 and article 225 of the the Brazilian Constitution.