RESPONSABILIDADE CIVIL DO ESTADO FRENTE AOS INCÊNDIOS NO PANTANAL SUL MATO-GROSSENSE: ANÁLISE JURÍDICA DOS LIMITES DA OMISSÃO E DA TEORIA DO RISCO INTEGRAL.

Abstract

This scientific article analyzes the configuration of the Brazilian State's Civil Liability in the face of the recurring and catastrophic fires ravaging the Pantanal biome, focusing on the southern portion of Mato Grosso. It is based on the constitutional premise of environmental protection as a duty of the Public Authorities (Article 225 of the 1988 Federal Constitution) and the rule of objective State liability (Article 37, §6). The study delves into the doctrinal and jurisprudential distinction between liability for acts of commission (administrative risk) and liability for omission (lack of service), examining the applicability of the theory of comprehensive risk in large-scale environmental disasters. Through a literature review and analysis of rulings from the Federal Supreme Court (STF) and the Superior Court of Justice (STJ), this study seeks to delimit the causal link between state action (or inaction) notably in monitoring, prevention, and fire control and the environmental and private damage resulting from fires. The conclusion is that liability can be held in cases of specific omission or serious failure in environmental crisis management, proposing legal mechanisms for full reparation of ecological damage.