The Criminal Liability of Legal Entities for Environmental Crimes from the Perspective of the Brazilian Supreme Court (original) (raw)

Environmental Criminal Responsibility and Applicability of Brazilian Constitutional Principles

The environment constitutes a group right, endowed with an indivisible object without a determined ownership and interconnected by certain circumstances indeed. Considering its relevance and the need to ensure its preservation and safeguard the environment for present and future generations, the Magna Carta of 1988 instituted in its text the protection of the environment, by means of axiological precepts, and the infraconstitutional legal framework established stricter tuitions, including in the penal. Through bibliographic research, with the analysis of national and international scientific articles, and research of Brazilian legislation, this work was carried out in order to verify the effectiveness of environmental laws. Thus, the objective of the research is to analyze the applicability of principles, highlighting the principles of prevention in the environmental sphere, as well as the form of accountability of the causers/polluters for the damage practiced. The case study took into account the environmental damage related to the Mariana Dam, the Ultra cargo Fire and the Brumadinho Dam.

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 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.

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.

CONSTITUTIONAL FOUNDATIONS OF THE LEGAL-ENVIRONMENTAL RELATIONSHIP

Veredas do Direito, 2021

The environmental impacts on a planetary scale crisis point to a probable collapse of the main indicators of the sustainability of life on the planet. The legal response through Environmental Law has allowed the advance from a set of administrative rules to a legal micro-system with a constitutional foundation. The Brazilian Federal Constitution of 1988 elevated the balanced environment to the category of fundamental good, breaking with the individualistic and utilitarian traditions of conventional legal relations on the environment. The understanding of the macro-environmental good prioritizes the fulfillment of fundamental duties by the community, leading to the transformation of several traditional legal institutes, which among the legal relationship. This article reviews the literature and Brazilian legislation employing the deductive method to support the emergence of the fundamental legal-environmental relationship. This is a new kind of legal relation, which presents two distinctive marks: its diffuse nature, and its object, the environmental good, which defines the immaterial condition of the ecological balance, elevated to the condition of a fundamental good by the constitution. This produces the effect of the preponderance of the duty to preserve the environmental good beyond the most conventional fundamental rights of its subjects by imposing limits and objective guidelines for the pursuit of a balanced environment by its intrinsic values.

Environmental Protection - Potentials and Limits of Criminal Justice Evaluation of Criminal Justice - Brazilian Report

UNICRI - Environmental Protection - Potentials and Limits of Criminal Justice Evaluation of Criminal Justice, 1995

Capítulo brasileiro do Relatório Global publicado pelo Instituto das Nações Unidas de Pesquisa da Criminalidade Inter-regional e Justiça - UNICRI, sobre Proteção Ambiental – Potenciais e Limites da Justiça Criminal – Análise de Estruturas Legais. Realizado em 1993 e publicado em 1995, foi um dos motivadores do esforço brasileiro em produzir uma lei tipificando crimes ambientais no Brasil. Brazilian chapter of the Global Report published by the United Nations Institute for Research on Interregional Crime and Justice - UNICRI, on Environmental Protection - Potentials and Limits of Criminal Justice - Analysis of Legal Structures. Conducted in 1993 and published in 1995, it was one of the motivators of the Brazilian effort to produce a law typifying environmental crimes in Brazil.