Ensaio jurídico sobre o dano nuclear no direito brasileiro

Resumo

When it is spoken in responsibility aims at in the nuclear wheat field, they should be analyzed and understood two theories: the theory of the integral risk and the one of the administrative risk, which discuss if they admit or no excluding of civil responsibility in the Brazilian Nuclear Right. The theory of the integral risk doesn’t admit any excluding one to move away the responsibility of the State. However, this theory is accepted in Brazil in exceptional character and just in the cases of environmental damages. Already the theory of the administrative risk admits excluding of responsibility as it is the case of
 the nuclear damage. Like this, when excluding at least one of the three elements, that configure the responsibility aim at of the State, it is worth to say: the conduct, the damage or the causality connection, the responsibility aims at is moved away.
 Of that it sorts things out, it is enough to exclude one of the elements mentioned above to remove the responsibility state lens in the nuclear extent. The majority doctrine presents, in open list and to titles of examples, some excluding of the responsibility aim at in the theory of the administrative risk that they are: the victim’s exclusive fault, the fortuitous case and the larger force. However, there are other excluding ones more
 specific and in exceptional cases for the theme here proposed, so much in the Brazilian Right through the Ordinance number 911/93 consonant the diction of the article 4th, number 3, in relation to the Brazilian Nuclear Right when he prays that won’t cart any responsibility for the operator the nuclear damages caused by accident nuclear owed directly to I conflict armed, to hostilities, the civil war or the insurrection. As well as in the Compared Right, consonant establishes the Law number 147/2008 of Portugal as the command inserted in the article 2nd, item 2, as it will be seen along this rehearsal. In short, this brief rehearsal innovates the juridical thought and it drops the position of the doctrine majority Brazilian of Administrative Right and of Civil law concerning the theme here proposed and put the discussion for the Brazilian and international society.

Ficha do documento

Tipo

Artigo científico

Ano

2011

Instituição

Instituto de Pesquisa Econômica Aplicada (Ipea)

Fonte

Repositório do Ipea

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.ipea.gov.br:11058/6770

Licença

Licença Comum

Abrangência

Brasil

Palavras-chave

DireitoResponsabilidade civil causada pelos danos nuclearesRisco integralRisco administrativoMudança do atual paradigmaNovo ponto de vista