Environmental Criminal Responsibility and Applicability of Brazilian Constitutional Principles (original) (raw)

The Criminal Liability of Legal Entities for Environmental Crimes from the Perspective of the Brazilian Supreme Court

The research analyzed the jurisprudence of the Federal Supreme Court in the judgment of Extraordinary Appeal No. 548.181, from the State of Paraná, which overcame the understanding signed by the Superior Court of Justice, in the judgment of Ordinary Appeal in Writ of Mandamus No. 27.593 from the State of São Paulo, which dealt with the criminal liability of legal entities due to the practice of environmental crimes. The objective was to verify whether the liability imposed on legal entities was effective or whether it was reduced to a merely symbolic aspect. The work was developed through the dialectic method, which allows the questioning of the certainties established up to that point, enabling us to deny them and, from this intellectual exercise, to extract secure knowledge. It was concluded that the imputation of criminal liability to legal entities reveals itself as symbolic legislation that translates into an illusory action of the State with the purpose of conferring a way of solution to the problems and challenges for the protection of the environment, making it necessary that the discussions advance searching for more efficient answers for ecological tutelage. I.

THE PRECAUTIONARY PRINCIPLE IN THE BRAZILIAN ENVIRONMENTAL LAW

The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and operational definition of its content. The hypothesis being examined is that since the Rio Declaration's-in its translation into Portuguese-environmental legislation has termed as legal principle, which internationally is an approach, a precautionary measure, as can be seen in both the texts in English and French of the Rio Declaration and other relevant legal instruments. The methodology to be used is the research of the case law and relevant legal rules, as well as the examination of the scholarly production on the subject. As a result, the conclusion is that there is an overuse of the precautionary principle by the Brazilian courts, especially by the Superior Court of Justice and that, in this case, the Federal Supreme Court has played a moderating role in relation to the application of the precautionary principle.

Recent Reform on Environmental Criminal Law in Brazil

2016

This article analyzes the recent innovations introduced in Brazil by the Environmental Criminal Act n. 9.605/98 in the light of the principle of legality. Replying some scholars that argues it violates the “principle of legality” because it fails to adequately describe the proscribed conduct or provide for due process of law, the author argues that the Brazilian Environmental Crimes Act introduce in our legal system a consensual criminal justice, with real results in the enforcement of environmental law. Connected with the Act n. 9.099/99, which mitigate procedural principles as obligation and unavailability of prosecution and introduce new institutions such as criminal liability of legal entities, probation, plea bargain, relaxing the rules of substantive and procedural guarantees for the application of alternative sentences by a Special Criminal Courts, this new statute allowing a rapid response to protect the environmental interests.

Inferences on the Brazilian Environmental Crimes Law in Comparison with the Colombian Criminal Code

2017

Environmental topics have not borders, involve the understanding and interpretation of environmental laws in different countries and cultures. The objective of this research was to analyze the interpretative similarities and differences of environmental criminal laws of Brazil and Colombia, through a comparative study of the Brazilian Law of Environmental Crimes and the Colombian Criminal Code. Scientific papers about environmental criminal law of the two countries were consulted on specialized sites, law was consulted on government sites; the main criterion was its updating and validity. Significant results were found in subjects like guilt, responsibility and participation of people in crimes, administrative responsibility, damage to other people’s property as aggravating, environmental expertise, responsibility of the legal person, the depth to describe some environmental INFERENCES ON THE BRAZILIAN ENVIRONMENTAL CRIMES LAW IN COMPARISON WITH THE COLOMBIAN... 222 Veredas do Direi...

The Penal Protection of the Environment in Brazil and Costa Rica

2018

The text deals with the criminal protection of the environment in Brazil and in Costa Rica and brings considerations about this protection from the command of ample environmental protection provided for Constitution of two countries. The considerations are initiated by the Brazilian legislation that, in the infra constitutional scope, concentrates criminal types in only one diploma. Already in Costa Rica, one sees a pulverization of the laws that contain penal types. The research is theoretical-bibliographical and logical-deductive reasoning. In conclusion, it should be noted that, while Brazil and Costa Rica lack legislative perfection and modernization, they also attribute this function to criminal law. Keywords: Environment, Guardianship, Criminal law; Brazil, Costa Rica.

THE ENVIRONMENTAL DISASTERS OF MARIANA AND BRUMADINHO AND THE BRAZILIAN SOCIAL ENVIRONMENTAL LAW STATE

SSRN, 2019

The disruption of a mining tailings dam in Mariana, in the Brazilian state of Minas Gerais, on November 13, 2015, ignited the alert for safety issues involving mining activity in Brazil. Even after this accident of huge proportions, Brazil experienced a new dramatic event with the rupture of a dam in the city of Brumadinho, in the same state of Minas Gerais. From these two episodes, the general objective of the present study is to analyze the incompatibility between the preservation of the environment and the economic development of the country in order to identify the Brazilian Social Environmental Law State that fails in its objective of preservation or the developmental state that favors economic growth at any cost. It emerged from the research carried out that the actions (and omissions) of the Brazilian public power in relation to the mining activity show a fundamental preoccupation with the economic development to the detriment of the aspects of environmental preservation and social quality. The methodology used to develop the research was the inductive method operationalized by the reference technique, categories, operational concepts and bibliographic research.

Brazilian Environmental Laws and Policies, 1934–2002: A Critical Overview.

LAW & POLICY, 2006

This article describes and analyzes major laws, decrees, regulations, resolutions, and institutional mandates linked to environmental protection policies in Brazil, from 1934 to 2002. It argues that many early regulations resulted basically from centralization and planning policies conducted by a development-oriented state. However, it shows that most recent regulations were demanded by a more environmentally aware and more organized civil society, in the context of an improved participatory and democratic political framework and renewed scientific knowledge and requirements.

Classification of environmental crimes related to the integrated inspection of Ponta do Abunã in Rondônia, Brazil

The main research problem is whether it is possible to typify and establish a correlation of environmental crimes from the integrated inspection operation known as "Ponta do Abunã" in Rondônia, in the border region between the states of Acre, Amazonas and Rondônia, in two different periods? To answer this question, the general objective of the research was to analyze the typology of environmental crime resulting from the integrated inspection action of IBAMA Superintendências do Acre, Amazonas and Rondônia and other command and control bodies carried out in the Ponta do Abunã region, located in municipality of Porto Velho, Rondônia, Western Amazon. This is a documentary and qualitative research, having as place of research the legal office of IBAMA/Rondônia. For the documentary analysis, 2 semi-structured instruments composed of 3 axes were used, containing the typology of the environmental crime, infraction notices and instruction and embargo term and, current stage or judgment of the process. The results indicate that the harmful conducts to the environment are prolonged throughout the analyzed period. Legislation is able to typify illegal actions and concrete actions fit the legal precept issued by the legislator. The delay in the judgment of the infraction notices analyzed is a real fact that requires a more agile response from the environmental sanctioner.