CONTEMPORARY ENVIRONMENTAL SUSTAINABILITY: LEGAL RESPONSIBILITIES FOR FIRES IN AGROPASTORAL AREAS

Abstract

This article examines the relationships between environmental sustainability and the legal responsibilities associated with fires in agropastoral areas in Brazil, focusing on the impacts on public health and the application of environmental law. The research focuses on the analysis of current legislation, identifying regulatory gaps and failures in the application of public policies, especially with regard to the allocation of resources from environmental compensation. The methodology used combines the deductive method based on bibliographic and documentary research with critical analysis of judicial decisions and epidemiological data, in an interdisciplinary perspective on the subject. The results point to the need to revise environmental legislation to explicitly include the allocation of financial resources from environmental compensation for the treatment of respiratory diseases, which have a proven correlation with fires in agropastoral activities, such as sugarcane cultivation and agriculture. In addition, the article highlights the inadequate application of subjective civil liability to the detriment of the theory of risk and strict liability, which compromises the effectiveness of sanctions and the protection of diffuse rights. It is concluded that the updating of legislation and the application of the principles of environmental law in the judicial sphere are necessary measures to reduce damage to public health and the effectiveness of environmental justice.