Environmental Liability for Oil Spills and the Problem of Causation
Perspectives from Thesis n. 957 of the Brazilian Superior Court of Justice
DOI:
https://doi.org/10.14393/RFADIR-v49n1a2021-53439Keywords:
Environmental law, Tort Law, Environmental damage, Causation, Case-law AnalysisAbstract
The article examines the criteria used by the Brazilian Superior Court of Justice (STJ) about the problem of causation in the environmental liability context. The methodological strategy applied is the case study and the analytical approach based on the limitation of tort law before the environmental damage caused by the Vicuna ship explosion (Resp. nº 1.602.106/PR e nº 1.596.081/PR). It is possible to conclude the decision of the STJ is criticized because the criteria used in this case do not encompass solutions for the problem of causation and the focus on the theory of adequate causation impairs the reasoning of the decision.