Title: Jurisprudential analysis of a civil appeal on moral and material damage for environmental pollution

Authors: Chiara Da Silva Simões; Daniel Nascimento-e-Silva

Addresses: Centro Universitário Luterano de Manaus, Av. Carlos Drummond de Andrade, 1460 – Japiim, 69077-330 Manaus, Amazonas, Brazil ' Instituto Federal de Educação, Ciência e Tecnologia do Amazonas, Av. Danilo de Matos Areosa, 1731 – Distrito Industrial, 69075-351 Manaus, Amazonas, Brazil

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.

Keywords: case law analysis; jurisdiction; general principles of civil procedure; environmental law.

DOI: 10.1504/IJHRCS.2020.109253

International Journal of Human Rights and Constitutional Studies, 2020 Vol.7 No.3, pp.193 - 208

Received: 09 Jan 2020
Accepted: 15 Feb 2020

Published online: 18 Aug 2020 *

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