期刊名称：Unisul de Fato e de Direito: revista jurídica da Universidade do Sul de Santa Catarina
印刷版ISSN：2358-601X
出版年度：2015
卷号：6
期号：11
页码：125-154
语种：English
出版社：Editora Unisul
摘要：An anthropocentric environment model that makes man the Center of the Universe and therefore lead actor in the environmental scenario in which not consider human interaction is not appropriate at this stage of humanity. The interaction between the subjects and the environment are many and considerably increase the risks of environmental degradation. The liability institute has the power to compel the degrading agent to compensate the damage caused, and shall also be responsible for full compensation. In this scenario, there is an urgent need analysis of the liability of indirect polluter, anchored in this work in the figure of financial credit grantor to activities that can cause environmental damage, which is the subject of this research. The civil accountability of such institutions is indisputable and just as it is with the direct polluter, also applies to the indirect objective liability, stir there, however, as the analysis of causation and the consequent imposition of strict liability founded on the theory of full risk or created risk. Against this background, this article written by inductive method, based on consultation with the doctrine, legislation and jurisprudence homelands, aims to analyze the institute of liability of financial institutions for environmental damage caused directly by the financed, clearly identify that their accountability is given objectively and discuss which of the theories of risk has been applied to such institutions, whether the full risk or the risk created.
