Environmental – Precedents from Superior Court: Environmental Damages

Posted on: Dec 21, 2018

On December 17th, the Superior Court of Justice (STJ) published Precedents No. 623 and 629 regarding civil liability for environmental damages.

  • Precedent No. 623: The environmental obligations have propter rem nature and might be imposed against the current owner or possessor and/or any former owner or possessor, at the creditor’s discretion;
  • Precedent No. 629: The defendant can be condemned to repair environmental damages and to indemnify them.

Such precedents reflect majority of decisions from Brazilian Courts.