ENVIRONMENTAL CRIMINAL LIABILITY OF LEGAL ENTITIES

Abstract

Environmental law is an essential legal field, with both constitutional and international dimensions, considered a diffuse right belonging to the collective. The environment, seen as a vital asset for human health and quality of life, requires protection from everyone, but especially from the State, which holds the competence to legislate and adopt protective measures. The research highlighted the criminal environmental liability of legal entities, focusing on the Brazilian legal system, which allows for the accountability of companies that cause environmental damage. The Federal Constitution and Law No. 9,605/98, which addresses environmental crimes, establish penalties for these entities. The issue of criminal liability for legal entities sparked doctrinal debate, especially concerning the theory of dual imputation, but the Supreme Federal Court (STF) ruled that it is not necessary to identify an individual responsible in cases where the legal entity is large and the authorship of the act is difficult to determine. The Superior Court of Justice (STJ) further supported this view, admitting causal links in smaller companies whose representatives are easily identifiable. The STF’s ruling was an important step toward preventing impunity, especially in large companies where those responsible hide behind the legal entity. This decision is significant for Brazilian Environmental Law, as it seeks to hold accountable those who abuse environmental resources.