Navegando por Assunto "Environmental damage"

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Acesso aberto (Open Access)
Avaliação de dano ambiental: aplicação de um índice de qualidade em um vazadouro a céu aberto
(Universidade Federal do Pará, 2022-04-05) CONCEIÇÃO, Mário Marcos Moreira da; PENNER, Giovanni Chaves; http://lattes.cnpq.br/3110276957027781; https://orcid.org/0000-0003-0335-5352; TEIXEIRA, Luiza Carla Girard Mendes; http://lattes.cnpq.br/9773700229115395; https://orcid.org/0000-0002-0204-6825
The objective of this research was the adequacy and application of a waste landfill quality index (IQAR) as a management tool for the open-air dump in the municipality of Castanhal-PA. For this, a socio-environmental diagnosis was carried out in the research area, in the Urban Solid Waste (USW) management and management system in Castanhal-PA and in the recycling companies in the municipality. A simple checklist was applied to identify the potential socioenvironmental damage resulting from the inadequate disposal of USW in the open-air dump, to the secretariats linked to sanitation in the municipality, collectors and the community of the agrovila Boa Vista. To qualitatively and quantitatively assess the environmental damage generated, the Global Damage Index (IGD) was applied. In order to determine the IQAR, the results obtained were analyzed and interpreted, for later framing the open-air spillway under adequate or inadequate conditions. The indices that make up the IQAR refer to the characteristics of the location, infrastructure implemented and operational conditions. According to the data obtained, the secretariats sampled have flaws due to the lack of elaboration, monitoring, evaluation and updating of the municipal Master Plan, which is expressed by the lack of information on issues related to the leak or projects in progress. The data obtained indicated that the Directly Affected Area (ADA) and the limits used for the disposal of MSW correspond to an area of 54 hectares. Irregularities and the lack of technical criteria in the forms of final disposal of USW and tailings at the ADA are the main factors that promote socio-environmental damage. As for the most significant environmental damages in the ADA, according to the sampling of collectors, they refer to the possibility of pollution/contamination of the soil (100%) by the inadequate disposal of waste and tailings from the various commercial and industrial activities of the municipality, burning of waste (64%), deforestation (52%), water contamination (86%) and air pollution (34%). After an analysis carried out in loco, the community Boa Vista was identified as an Area of Direct Influence (AID), approximately 1km from the spillway, the extensions of the water bodies, due to constant problems related to contamination/pollution from the runoff of surface water and groundwater that can take different directions, and the unpleasant odor by the predominant direction of the winds towards that community. The data obtained to identify the socioenvironmental damages in the dump, from the application of the IGD referring to the indicators of the physical environment, indicators of the biotic and abiotic environment and of the operational conditions, indicated that all the items listed suffer damages of direct and indirect order, with emphasis on infrastructure implemented (-0.50), water (-0.51), fauna (-0.63) and flora (-0.59). Thus, the general value of the IGD (-0.44) shows the precarious conditions of all the indicators evaluated, with damages ranging from -0.33 (operating conditions) to -0.63 (fauna). The results obtained with the application of the IQAR for the characterization of the structural, operational aspects of the locational aspects of the Castanhal-PA open-air dump, indicated alarming conditions in all indicators with predominant assessments referring to inadequate, absent or insufficient conditions. According to the methodology of CETESB (2020), with the value of the IQAR (0.4), the open-air dump in Castanhal-PA has inadequate operating conditions. In order to minimize the damages diagnosed, it is necessary, from the beginning, to know the characteristics of the waste produced in that municipality, the gravimetric composition and, as a matter of urgency, an adequate system of final disposal of MSW must be implemented with: licensing of the activity, delimitation of the area, physical fencing with screens, inspection and periodic maintenance of the site and access roads.
Acesso aberto (Open Access)
Direito de danos e reparação civil ambiental: o fundamento de teoria de direito privado da responsabilidade civil ambiental brasileira
(Universidade Federal do Pará, 2023-05-19) LIMA, Gabriel Santos; SÁ, João Daniel Macedo; http://lattes.cnpq.br/9744534971209709
This research deals with civil liability for damage to the environment, evaluating a possible theoretical realignment of private law in the application of civil reparation. The work is divided into three parts. The first part initially presents the corrective and distributive models of civil liability, in order to understand the state of the art of the discussion on the right to damages. In the second stage, a doctrinal analysis is made of the elements of Brazilian objective civil liability, as well as the possible challenge presented by the application of the institute in the case of environmental damage. In the third and last part, the concepts of vulnerability are analyzed, in line with the conception of a new private law defended by Cláudia Lima Marques and Bruno Miragem, of distributive justice, based on the theory of Diego M. Papayannis, as well as possible repercussions from civil liability to the collective guardianship regime, based on idea of collective process. It appears that such concepts can be decisive for attributing civil liability for damage to the environment. Still in this last section, the case of programmed obsolescence of products is used to test the hypothesis. It is concluded that civil liability for damage to the environment can take advantage of vulnerability and distributive justice to promote a real change in the logic of private law.