A necessidade de uma gestão de risco ambiental pelo direito: uma análise econômica da gestão jurídica do risco ambiental

Abstract

This dissertation aims to discuss environmental risk management and its implications for Brazilian law. To this end, the idea of risk and how it is linked to business activity is studied. Environmental risk management in Brazil is carried out through the practice of the principles of prevention and precaution, which are the basis for sound and effective risk management. In a world where industry is 4.0, it is essential to have environmental law in line with social, economic and cultural interests. Thus, based on the study of economic theories, an economic analysis of the legal management of environmental risk is proposed. For that, 10 (ten) cases of the Superior Court of Justice and the Supreme Federal Court are analyzed so that one can see in practice how risk management is carried out, even if often in an unconscious or silent way. Thus, an economic analysis of the legal management of environmental risk is plausible so that it is possible to see whether the path being taken is in fact the best or the most effective. The method used for the development of the research was inductive, also using the hypothetical deductive method on some specific points, among others. The research was bibliographic and of real case studies.