ANALYSIS OF THE OBJECTIVE PARAMETERS FOR RECOGNIZING COLLECTIVE MORAL DAMAGE IN ENVIRONMENTAL LAW

Abstract

This article addresses the problem of the lack of uniform criteria for recognizing collective moral damages in environmental law within the Brazilian legal system, a situation that has often generated legal uncertainty. In light of this issue, the general objective of the study is to analyze the objective criteria established by the Superior Court of Justice (STJ) in the judgment of Special Appeal n. 2.200.069/MT. The specific objectives are to examine the doctrinal and jurisprudential foundations of civil liability for collective environmental harm; to identify the legal and factual elements considered by the STJ in defining collective moral damages; and to discuss the impacts of these parameters on the effectiveness of environmental protection. The research adopts a qualitative methodology and a deductive approach, relying on specialized bibliographic review and jurisprudential analysis, with the decision rendered in Special Appeal No. 2.200.069/MT serving as the central case study. The findings show that the STJ established seven objective criteria for the characterization of collective environmental moral damages, recognizing their in re ipsa nature. It is concluded that these parameters strengthen legal certainty, provide greater predictability for public actions, and consolidate civil liability as an instrument of preventive and reparatory protection. By recognizing the environment as a common good of intrinsic value, the decision reinforces the protection of the community and of future generations.