CIVIL LIABILITY FOR NUCLEAR DAMAGE, THEORY OF INTEGRAL RISK, AND EXCLUSION OF LIABILITY

Abstract

This article aims to study civil liability in the exercise of nuclear activity, addressing the Constitutional provision of the institute, the regulation provided for in Law 6.453/1977 and international treaties on the subject, in addition to the exceptional situations that allow the exclusion of liability, which is an exception to the rule of the theory of integral risk. The analysis covers the investigation of the legal aspects of the institute and an approach to international treaties and domestic legislation, as well as the communication between the institutes. A doctrinal approach is also made, bringing the concepts and understandings that deal with the subject, more precisely regarding the exclusion of civil liability. The study is highly relevant because it is an important instrument of practical utility when exercising nuclear activity, providing legal tools so that the operator can perform their function without causing damage and also legal protection with the mitigation of the exclusion of civil liability. It is concluded that the situations of exclusion of liability are not absolute and allow for exceptions as provided for in Law 6.453/1977.