Modifying the landscape, cutting part of the rock and adopting other irreversible practices cause collective moral damage and generate a duty to indemnify. With this understanding, the 11th Civil Chamber of the Court of Justice of Rio de Janeiro condemned a pousada to pay compensation of R $ 80 thousand to an environmental fund of Angra dos Reis.

The company is still obliged to demolish all the structure considered irregular and still pay for environmental damages, whose value will be calculated in the execution of the sentence.

The establishment was built on the rocky shore and mirror of water, in an area considered permanent environmental preservation, in the Point of Bananal, Ilha Grande.

The municipality filed suit against the enterprise, and the first degree court had accepted only part of the arguments, without acknowledging the collective damage.

The rapporteur in the TJ-RS, Judge Fernando Cerqueira Chagas, said that this type of moral damage “is peacefully accepted by doctrine and jurisprudence and is shaped by the injury in the moral sphere of a community, that is, by the violation of collective values ​​regarding environment (damage to ecological balance, quality of life and health of the community), “among other topics.

Chagas saw evidence that the construction of the inn on rocky coast compromised the area of ​​environmental preservation, with “irremediable” impacts.

According to him, “the reparation of the collective out-of-court injury arises from the need for full reparation of the injury caused to the environment, being certain that the condemnation to recover the degraded area does not have the condemnation of the obligation to indemnify other types of damages, collective moral damage “.

The value set, according to the rapporteur, should take into account the extent of the damage caused, as well as the possibility of recovery of degraded spaces. The vote was followed unanimously. With information from the Press Office of TJ-RJ.

Source: ConJur