Jurisprudential analysis of a civil appeal on moral and material damage for environmental pollution
by Chiara Da Silva Simões; Daniel Nascimento-e-Silva
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 7, No. 3, 2020

Abstract: Understanding of jurisdiction and its criteria for determination are central to the application of law by disciplining the actions of the parties involved; similarly, it is essential that the general principles of civil procedural law be known. This article aims to analyse the case law of a civil appeal on moral and material damages caused to fishermen by environmental pollution in Brazil. The method used was document analysis, whose main steps were the elaboration of the study protocol, data collection, organisation and generation of answers to the guiding questions; content analysis technique was used for both data collection and interpretation. Results showed that the criteria used in the controversy were objective and functional; the principles used were that of natural judge, fairness, reasonable length of proceedings, dual jurisdiction and procedural economy. The conclusion shows that sometimes it is difficult to identify precisely which Brazilian court has the power to enforce and adjudicate a claim brought before the court.

Online publication date: Wed, 02-Sep-2020

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