A responsabilidade civil em casos de eventos naturais previsíveis, excludentes de nexo de causalidade?

Abstract

The present work focuses on the analysis of civil liability due to natural events, figuring their predictability as an object of analysis, since global warming and climate change are increasingly affecting the environment, causing often irreparable damage to the community and individuals.It also aims to understand what the State's civil liability consists of in cases of characterization of predictable natural events, because with the increase in global warming, allied to technological and scientific evolution, many of these phenomena could be avoided or minimized, addressing the real unpredictability and inevitability necessary to break the causal link of eventual accountability.In these terms, we ask: even if natural events are considered, as a rule, motives of unforeseeable circumstances or force majeure, does the predictability of their incidence entail civil liability by the State?The present work will be elaborated under the deductive approach method, starting from the notions of civil responsibility,analyzing the natural events caused by global warming and climate change, concluding the cases in which the state is responsible for the damage caused,due to its predictability and inevitability of the effects caused, listing factual situations involving the theme.Therefore, the study of the theme is of fundamental importance, since the State can be held responsible for the damages resulting, mainly from natural events,as long as the victim of the damage demonstrates that the state entity did not act as it should, or even acting, it did it wrongly,in addition to proving the relationship between the lack of provision of the service and the damage caused, so that, if the State could not predict and / or avoid the result,it may have its responsibility removed, in the absence of a causal link.