Responsabilidade civil ambiental das instituições financeiras: a necessidade de regulação

Abstract

The present work aims to discuss the civil liability of financial institutions in the light of the risk theory, based on the analysis of the legislative framework, the doctrine, case law, voluntary initiatives and the pursuit of the financial sector for self-regulation. The absence of specific laws with regard to the limitation of liability among financial institutions and other entities of society leads to great doctrinal and jurisprudential discussion. In this context, what led to the choice of the theme is the legal uncertainty that financial institutions are facing nowadays. For this reason, financial institutions have been working together with their regulatory bodies in search of limitation of liability with bilateral approach: attendance to the principle of sustainable development and the caution not to cool off credit in the country. Finally, the present study concludes that financial institutions are environmental controllers since they act in accordance with the requirements of environmental law when it comes to making a preliminary analysis before giving credit approval, as well as when it comes to the proper use of credit. This is a current and controversial issue and it deserves the present study of civil liability of financial institutions.