CIVIL AND CRIMINAL LIABILITY OF COMPANIES IN CASES OF ENVIRONMENTAL DAMAGE

Abstract

The general objective of the study is to analyze the civil and criminal liabilities of companies, identifying gaps, challenges and solutions that provide effective environmental protection. The specific objectives include reviewing related legal theories, identifying challenges in the Brazilian legal system and verifying the impact of environmental liability policies on promoting sustainability. The research used a qualitative and integrative approach, based on the analysis of studies conducted on Google Scholar, selected for relevance and current relevance. The civil liability of companies for environmental damage is based mainly on the theory of integral risk, the theory of objective liability and the theory of fault. In Brazil, objective liability prevails, reflected in environmental laws, with case law playing a crucial role in its interpretation. The criminal liability of companies is a step forward, despite the practical challenges in its application. The conclusion of the study highlights the challenges of the Brazilian legal system in holding companies liable for environmental damage, based on the theories of integral risk and objective liability. Although the legislation is robust, there are gaps in its practical application, highlighting the need for continuous improvement to ensure environmental protection and ecological justice.