ENVIRONMENTAL DAMAGE AND BUSINESS ACTIVITY: A CASE STUDY BASED ON JUDGMENTS AND REFLECTIONS FOR ACHIEVING SDG N. 14

Abstract

Contextualization: Sustainable development is the focus of the 2030 Agenda, which represents a commitment by world leaders, characterized by a set of universal and indivisible goals (sustainable development goals) while presenting the three dimensions of sustainable development: environmental, social and economic. This work evaluates the performance of the Federal Regional Court of the 4th Region in the restoration of environmental damage based on case studies, taking as a paradigm the possibilities presented by the doctrine.

Objectives: In terms of objectives, this work aims to identify the perception of environmental damage for the Brazilian judiciary; determine the adaptation to the forms of environmental damage presented by the doctrine and the possibilities of repair; and contribute to the achievement of SDG n. 14

Methodology: As for the methodology, the first part was constructed based on a review of the doctrinal literature, while the second part involved analysis of judgments with the case study methodology.

Result: The results demonstrate that: there are diff erent possibilities for the recovery of environmental damage defended in doctrine (restoration, compensation and indemnifi cation), but the condemnation of indemnity prevails in the civil actions studied. This study also found that the economic activities continued, even following severe environmental damage, and that delay in the Judiciary’s action remains evident, contradicting SDG n. 14, in the conservation and sustainable use of the oceans. This action is ineff ective in relation to the recovery of the degraded environment, and contradicts the constitutional provision that those who pollute or harm the environment should be held responsible for repairing the damage caused.