IRREGULAR CONSTRUCTIONS IN HAZARD ZONES: GOVERNMENTAL CIVIL LIABILITY AND THE DUTY OF OVERSIGHT

Abstract

This article examines the civil liability of governmental authorities in the context of the widespread presence of irregular constructions in high-risk areas, with particular emphasis on state omission and the legal principles of objective and joint liability. The analysis focuses on the State’s duty to monitor and supervise urban development and the legal implications of administrative inaction, using real-life disasters—such as landslides and floods—as case studies. The research draws upon legal scholarship, up-to-date jurisprudence, and a critical review of emblematic cases within the Brazilian context to assess the effectiveness of public policy, as well as mechanisms for prevention and accountability. It argues that specific omissions, where a legal duty to act exists, may give rise to governmental liability. The notion of joint liability among federal entities is also addressed as an essential mechanism for enforcing the constitutional principle of cooperative federalism. The cases of Morro do Bumba (Niterói/RJ), Serra do Mar (SP), Petrópolis (RJ), and the 2024 floods in Rio Grande do Sul are employed as empirical foundations to support the conclusions. Ultimately, the article contends that governmental omission undermines fundamental rights and calls for preventive measures, ongoing enforcement, and the implementation of coherent and effective urban policies.