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- Title
A FUNÇÃO PREVENTIVA DO TERMO DE AJUSTAMENTO DE CONDUTA NA TUTELA REPARATÓRIA DE DESASTRES AMBIENTAIS.
- Authors
Giuriatto Ferraço, André Augusto; Marques Ribeiro, Amanda; Pereira Nunes, Lays
- Abstract
Behavior Adjustment Term (BAT) has been employed in Brazilian law as a reparation tool for environmental damage. Although it is a fast mechanism for the attribution of environmental civil accountability, it is highly relevant to analyze whether BAT complies with the prevention of new environmental disasters. A research based on the Environmental Disaster Law investigates the preventive function of BAT in environmental disasters using as parameter the terms employed in the cases of dam rupture in Minas Gerais in 2015 and 2019. The preventive function and environmental reparation are underscored through environmental civil accountability. The role of BAT is analyzed with regard to the reparation of environmental damage and the (in)sufficient preventive feature of the tool to avoid the occurrence of other disasters
- Subjects
MINAS Gerais (Brazil); ENVIRONMENTAL responsibility; ENVIRONMENTAL law; BATS; BAT conservation; ENVIRONMENTAL disasters; DISASTERS
- Publication
Revista Jurídica Cesumar: Mestrado, 2020, Vol 20, Issue 2, p295
- ISSN
1677-6402
- Publication type
Article
- DOI
10.17765/2176-9184.2020v20n2p295-313