Abstract

MIRAGEM, Bruno  and  BADIA, Ana Lúcia Seifriz. TORT LAW FOR PAIN AND SUFFERING AND ENVIRONMENTAL COLLECTIVE DAMAGES: A BRAZILIAN VIEWPOINT. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.669-690.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.36.

This article aims to rethink about the performance of contemporary man on the environment and the effects produced, especially in relation to so called pain and suffering and environmental collective damages. For this, the dialectical method is used and as a theoretical reference the functionalism, in order to define what is the role of civil responsibility in contemporary Brazilian society and what measures are or can be adopted to design a future with an environmental sustainability. First, after a brief reference to some 20th century environmental accidents in the world, civil liability is situated in the Brazilian legal system, with the Federal Constitution as a principal whole (article 225, paragraph 3) and the so-called Integral Risk Theory (environmental damage based on strict liability). Secondly, it is defined what is pain and suffering (damage to the values recognized by a commonwealth), as well as what is a collective damage (multiplicity of harmful effects, with multiple harms). Next, several events of daily life and also of Brazilian jurisprudence are cited, with a examination of the effects of environmental disasters on the population's quality of life. Finally, from the functions of torts, it is possible to affirm that no system is perfect and more than a legal system, a sustainable future depends on the attitude and awareness of man towards himself and others, including respect for differences and to the own environment in which he lives.

Keywords : Tort law; Brazil; Pain and suffering; Environmental and collective damages; Sustainability.

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