x COMPENSATION FOR AESTHETIC ENVIRONMENTAL DAMAGE AS AN AUTONOMOUS MEANS OF NON-PATRIMONIAL LIABILITY
Abstract
Constitutionally, environmental damage is one of the possible diffuse or collective legal injuries, with a distinct connotation compared to the traditional damages provided for in the Civil Code. In addition to the already established material and moral damages provided for by law and widely accepted by case law, the possible application of aesthetic environmental damages is proposed. Thus, through bibliographical research, based primarily on legislation, case law, and legal doctrine, the article concludes that compensation for aesthetic environmental damage is possible, understood as degradation that affects the natural landscape, the visual attributes of the environment, and, consequently, history, tourism, the economy, and quality of life. However, decisions are still needed to precipitate the matter, especially regarding its autonomous recognition.
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