ENVIRONMENTAL CIVIL LIABILITY OF FINANCING AGENTS IN THE BRAZILIAN LAW

Abstract

The article aims to present an analysis of the civil liability, regarding the environmental aspect, of financial institutions in the case of damages caused to the environment in light of Brazilian law. From Federal Law No. 6.938, dated 08/31/1981, we present some cases of its application with the Brazilian financial institutions. In addition, the Equator Principles have become key instruments in project evaluations financed by financial agents. And despite the compensation for damages caused to the environment, the Brazilian Civil Code in its art. 927 represents the basis of its rationale. However, in spite of the entire Brazilian evolutionary process in favor of environmental protection, the role of financial institutions as economic and credit agents in the application of civil liability for environmental damages should not be confused. This article is based on the hypothetical-deductive method, as well as on the analysis of bibliographical references and Brazilian legislation.