THE STF AND THE CRIMINAL LIABILITY OF LEGAL ENTITIES

Abstract

The criminal liability of legal entities is provided for in Article 225, § 3 of the Federal Constitution, which establishes that legal entities may be held criminally liable for conduct harmful to the environment. In addition, Law No. 9,605/1998, known as the Environmental Crimes Law, establishes criminal sanctions for companies that commit environmental infractions. Still in this vein, the STF evolves its position in order to keep up with social and legal changes. This article analytically addresses how the behavior of the Supreme Court is shaped by these changes and analyzes in detail the evolution of the STF's position regarding the criminal liability of legal entities, by verifying the history of its posture and evaluating recent judgments and decisions related to the subject and their reflection on its position. And finally, it uses case studies and social impact to provide for analysis the potential future direction that the STF may adopt based on recent developments and emerging issues.