RESPONSABILIDADE CIVIL DO ESTADO POR OMISSÃO LEGISLATIVA PELO DANO AMBIENTAL NAS SONDAS DE PERFURAÇÃO DE POÇO DE PETRÓLEO CIVIL LIABILITY OF THE STATE FOR LEGISLATIVE OMISSION FOR ENVIRONMENTAL DAMAGE IN OIL WELL DRILLING

Abstract

Abstract

This article investigates the responsibility of the State in the absence of specific laws governing the activities of the oil drilling rigs. To understand whether the State can be held responsible for the environmental damage resulting from this legislative omission. 

The research addresses the significant problem of environmental damage caused by the oil industry, especially offshore exploration. The lack of adequate legislation to effectively regulate this industry has led to this damage, which has drastic consequences for the environment and, consequently, for society. The study raises questions about the possibility of the state being held responsible for such damage resulting from legislative omission. The central research question is: "Can the state be held liable for legislative omission for environmental damage caused by legislative failures in matters related to the oil industry?". The main objective is to assess the state's responsibility in this context, seeking to understand whether there is a legal duty to act that is being neglected by the public authorities. The study analyzes the constitutional and legal principles applicable to the case and discusses the possible legal consequences of this omission. This work is justified by the social and legal relevance of the subject since preserving the environment is a fundamental right and an obligation of the state. In addition, analyzing the state's civil liability for legislative omission can contribute to developing more effective public policies to prevent environmental damage in the oil industry.