World Environment Day: The Importance of Precedents No. 623 and 629 in Environmental Protection

On World Environment Day, it is essential to reflect on the legal tools that strengthen the protection of our planet. Among these tools are Precedents 623 and 629 of the Superior Court of Justice (STJ), which represent significant advances in environmental responsibility.

Precedent no. 623: Propter Rem Environmental Liability

What is it? Precedent No. 623 establishes that environmental obligations are “propter rem” in nature, i.e. linked to the property itself. This means that both the current and previous owners can be held liable for the property's environmental obligations.

The precedent ensures that environmental obligations are duly fulfilled, strengthening environmental protection by making all those involved, past and present, responsible for environmental conservation.

Why is this important?

• Continuous accountability: Ensures that all owners, past and present, are responsible for the property's environmental obligations.

• Lasting protection: Prevents negligence or irresponsible transfer of environmental obligations, ensuring continuous and effective protection of the environment.

Precedent No. 629: Full Reparation for Environmental Damage

What is it? Precedent No. 629 states that, in the event of environmental damage, the defendant may be sentenced to an obligation to do or not to do, in addition to the obligation to compensate. This means that, in addition to financial compensation, the person causing the damage must take concrete measures to mitigate or correct the damage caused to the environment.

Why is this important?

• Comprehensive reparation: This highlights the need for a complete and effective approach to repairing environmental damage.

• Concrete measures: Financial compensation must be accompanied by concrete actions to restore and preserve the environment, guaranteeing fair reparation for future generations.

Relevance in the Current Context

On this World Environment Day, the importance of these precedents is even more evident. They reflect a commitment to collective responsibility and the lasting protection of the environment, essential for building a sustainable future.

Benefits:

• Strengthening environmental legislation: The precedents ensure that environmental laws are strictly complied with.

• Preservation for future generations: They ensure that environmental damage is properly repaired, protecting the environment for future generations.

Precedents 623 and 629 are more than legal guidelines; they are fundamental pillars for environmental protection. By ensuring ongoing liability and full reparation for environmental damage, they reaffirm our commitment to sustainability and the preservation of the planet.

Count on our legal advice

On this World Environment Day, we reaffirm our commitment to environmental protection and justice. Our team of lawyers specializing in environmental law is ready to offer you:

• Legal advice: Complete guidance on how to comply with environmental obligations and avoid penalties.

• Defense in Environmental Cases: Effective representation in litigation involving environmental issues.

• Planning and Compliance: Assistance in implementing sustainable practices and compliance with current environmental legislation.

Contact us to schedule a consultation and find out more about how we can help your company contribute to a more sustainable and environmentally responsible future.