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This article aims to verify if there is environmental civil liability of the State on the damages caused to the cultural environment by licensed mining activities. The environmental good has constitutional protection and must be preserved by the Government and the private for present and future generations. Two decisions of the STJ, the weighting of Alexy's principles and the principle of Hans Jonas's responsibility will be taken into account. The study was developed in legal-theoretical methodology and deductive reasoning, with bibliographic and documentary research techniques. The conclusion was that the principle of environmental protection still prevails over other. .

RESPONSABILIDADE CIVIL AMBIENTAL DAS MINERADORAS POR DANOS AO PATRIMÔNIO CULTURAL Uma abordagem a partir do licenciamento ambiental