Environmental Law
Superior Court of Justice publicizes 11 consolidated
understandings on Environmental Law
The Superior Court of Justice ("STJ") published 11
settled case law based on its rulings about environmental damage.
Such consolidated case-law deals with issues varying from the
liability of the polluter for the environmental damage up to cases
of payment of compensations for moral damages, as briefly mentioned
below.
1) The liability for environmental damages is strict, based on
the theory of integral risk, which prevents the polluter (or its
successor) of allege civil liability exclusion to prevent their
obligation to indemnify. (Understanding judged under Article 543-C
of Code of Civil Procedure of 1973 – Themes No. 681 and 707,
"a")
