Inundações urbanas e prevenção de danos: a prestação jurisdicional a serviço do direito à cidade sustentável a partir da tutela processual civil preventiva

Abstract

The network society and its complexities are constantly faced with environmental disasters of great proportions. Urban flooding, hydrological disasters that may seem essentially natural and unavoidable at first glance, are examples of disasters with anthropogenic causes and origins that strike Brazil with a concerning degree of consistency. Considering that floods are extremely relevant facts for Law (legal facts), the theme focuses on the study of urban floods, their causes, their social and environmental impacts, and their protection by civil jurisdiction through restorative and inhibitory procedures (civil proceeding). Hence, this paper sought to answer the following question: what are the limits and possibilities of the traditional injunctive relief, which is typical of the cases in which the State’s civil liability for damage caused by urban flooding is discussed, to offer the collectivity a risk management focused on damage prevention and socio-environmental resilience to disaster? Based on this research problem, the aim is to investigate urban flooding and its peculiarities to determine whether compensation protection, based on the State’s civil liability, is a legal institute capable of repairing and preventing damage resulting from disasters and thereby guaranteeing the effectiveness of the right to a sustainable city. A method based on the Basic Theory, Approach, Procedure, and Technique quadrinomial was used. As the Basic Theory, we chose to use authors affiliated with the PragmaticSystemic legal theory, which allows one to use a transdisciplinary approach for the proposed theme. The approach used is systemic-complex and non-reductionist to provide a communicational basis between areas of knowledge such as Law, Economics, Political Science, Philosophy, Sociology, and Urbanism. As for the procedure, the study is based on bibliographical and documental research. The technique used in the bibliographical research was the elaboration of annotations and extended abstracts. As for the documental research, the technique used was systematizing the legislation and precedents observed. As for the structure of the study, it is organized into three chapters and subdivided into sections according to the need. In the end, it was possible to conclude that the typical injunctive relief in cases where the State’s civil liability for damage caused by urban flooding is discussed has important limitations in the sense of providing a protagonist role to the civil jurisdiction in offering the collectivity the necessary risk management focused on damage prevention, as well as socio-environmental resilience to the disaster studied.