THE DECISION OF THE FEDERAL SUPREME COURT BY THE (IM)PRESCRIPTIBILITY OF THE CLAIM FOR CIVIL REPARATION FOR ENVIRONMENTAL DAMAGE

Abstract

THE OBJECT OF THIS SCIENTIFIC ARTICLE WAS THE RECENT UNDERSTANDING OF THE FEDERAL SUPREME COURT REGARDING THE IMPRESCRIPTIBILITY OF THE CLAIM FOR CIVIL REPARATION FOR ENVIRONMENTAL DAMAGE IN THE YEAR 2020. ITS OBJECTIVE WAS TO ANSWER WHETHER THE UNDERSTANDING PRONOUNCED BY THE STF IN FAVOR OF IMPRESCRIPTIBILITY WOULD REALLY BE THE MOST APPROPRIATE ANSWER TO SOLVE THE LEGAL LACK OF FORESIGHT. THE SPECIFIC OBJECTIVES WERE TO MAKE A RETROSPECTIVE STUDY OF CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE AND HOW THE STATUTE OF LIMITATIONS IS APPLIED IN THIS CONTEXT. THE METHODOLOGY ADOPTED WAS A BIBLIOGRAPHIC AND DOCUMENTARY REVIEW, USING THE HYPOTHETICAL-DEDUCTIVE METHOD. ITS MAIN INSTRUMENTS WERE: THE LAW, DOCTRINE, SCIENTIFIC ARTICLES, AND CASE LAW, WITH A FOCUS ON THE STF. THIS RESEARCH WAS JUSTIFIED AS RELEVANT BECAUSE CIVIL LIABILITY FOR ENVIRONMENTAL DAMAGE IS THE SUBJECT OF MUCH DOCTRINAL DISCUSSION AND JURISPRUDENTIAL DIVERGENCE BY THE COURTS, GIVEN THE RELEVANCE OF THE ENVIRONMENTAL GOOD. THE RESEARCH WAS DEVELOPED IN THREE TOPICS. AND, AFTER ALL THE RESEARCH IT IS POSSIBLE TO REACH THE CONCLUSION THAT APPLYING IMPRESCRIPTIBILITY IN ENVIRONMENTAL MATTERS DOES NOT BRING EFFECTIVE BENEFITS TO THE COMMON CITIZEN WHO, HAVING HIS PRIVATE PROPERTY DAMAGED, HAS A REACTIVE POSTURE FOR REPAIR AND, FURTHERMORE, IMPRESCRIPTIBILITY WILL PUNISH PURCHASERS OF PROPERTY WITH THE BURDEN FOR ENVIRONMENTAL DEGRADATION, IN VIEW OF ITS SOLIDARY AND PROPTER REM CHARACTER. THUS, WHO WOULD BENEFIT FROM THE APPLICATION OF THE IMPRESCRITIBILITY WOULD ONLY BE THE PUBLIC POWER, WHICH IN ITS FUNCTION AS A SURVEILLANCE AGENT AND LEGITIMIZED ACTIVE PARTY TO FILE A PUBLIC CIVIL ACTION, THE MAIN PROCEDURAL MEANS BY WHICH REPARATION FOR ENVIRONMENTAL DAMAGE IS SOUGHT, WHICH WOULD MAKE ITS APPLICATION UNFEASIBLE.