CRIMINAL LIABILITY IN THE CASE OF ENVIRONMENTAL DAMAGE

Abstract

This study analyzed the criminal liability of legal entities for environmental crimes, highlighting the principled and legal issues that underlie this liability. The 1988 Federal Constitution enshrined environmental protection and the criminal liability of companies, challenging the principle of societas delinquere non potest. The study showed that culpability must be adapted to the characteristics of the legal entity, recognizing its active role in society and its capacity for action. In addition, it emphasized the insufficiency of punishing only those physically responsible, since other managers may act in a similar manner, perpetuating the violation of environmental standards. The environmental disasters in Mariana and Brumadinho revealed flaws in monitoring and the need for legislative improvements that effectively cover legal entities, with appropriate penalties and the creation of specific procedures. Criminal environmental legislation must be adjusted to guarantee the accountability of companies, ensuring that penalties, such as community service and fines, are applied effectively. Thus, it is concluded that the environmental responsibility of legal entities is essential for the protection of the environment and that the State must act proactively to curb harmful behavior. The lack of effectiveness in the application of laws highlights that the environmental problem in Brazil is, to a large extent, of corporate origin, demanding a firmer response from the authorities.