THE CRIMINAL RESPONSIBILITY OF LEGAL PERSONS IN ENVIRONMENTAL CRIMES

Abstract

This study aims to present the criminal liability of legal entities in environmental crimes, based on the Federal Constitution and the Environmental Crimes Law (Law nº 9,605/1998). The research adopts a qualitative approach, through a bibliographic review, to understand the legal and doctrinal aspects of the topic. Initially, the concept and characterization of the legal entity in the civil sphere is addressed, highlighting its nature, its constituent elements and its capacity to respond for illicit acts. Next, the responsibility of the legal entity is discussed, differentiating the civil, administrative and criminal spheres, with an emphasis on the applicability of criminal liability for companies involved in environmental damage. The analysis of the Environmental Crimes Law (Law No. 9,605/1998) highlights the main legal provisions that deal with the characterization and punishability of environmental crimes, as well as the sanctions applicable to legal entities, such as fines, prohibition of activities and obligation to repair the damage. Finally, the criminal application of the Environmental Crimes Law in the context of legal entities is discussed, addressing challenges such as proving authorship and overcoming the principle of double imputation, which initially required the joint responsibility of the company and its directors. The research highlights the importance of criminal liability for companies as an environmental protection mechanism, reinforcing the need for inspection and preventive policies to guarantee sustainable development.