Under the guise of civil liability, this paper aims to analyze the possibility of
configuring collective off-balance sheet environmental damage based on intolerable
environmental risk, in accordance with preventive environmental protection. In the
face of risk society, the grand ventures have gained prominence in the globalized
world for large-scale production. However, people became hostages in their own
homes. After all, they have no control over their environment. On the other hand, the
historically devastated environment is threatened and jeopardized by risk, if not the
classic environmental damage and its severity that destroys families, cities and the
entire ecosystem of a given region. This does not exclude the possibility of spreading
to other places due to its degree of extension and the lack of necessary containment
technique. As will be explained, the principle of full redress promotes formal legal
justice as being relatively ineffective, as any attempt at redress or compensation is
considered symbolic. Given the problem, the research aimed to clarify the possibility
of configuring the risk-damage, new classification adopted by Professor Luciana
Chiavoloni in her doctoral dissertation. To this end, the historical evolution, the
principles of Environmental Law and its constitutional perspective, fundamental
concepts, the configuration of intolerable environmental risk will be analyzed.
jurisprudential and doctrinal development on the subject.
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