A responsabilidade da pessoa jurídica nos crimes ambientais no Brasil

Abstract

Crimes against the environment are a global problem that has grown in the last decade due to human action, through fires, degradation, water pollution, among other damages. Therefore, the present study presented a review of the literature on the responsibility of civil and criminal legal entities in environmental crimes in Brazil. It analyzed the current legislation on the subject and other aspects that address the penalties and fines applied in each situation. The method used was bibliographical research, with a qualitative approach, based on articles, books, theories, laws and jurisprudence. The results found demonstrate that the responsibility of civil and criminal legal entities in environmental crimes is quite weakened, as the applicable sanctions are not always treated with the due rigor of the legislation and companies or legal entities end up repeating this criminal environmental practice. Therefore, it was concluded that environmental crimes are still frequently committed and, although many legal provisions, such as the Federal Constitution of 1988 and Law No. 9,605/1998 that address this problem, the application of sanctions and penalties in relation to civil liability , criminality against legal entities is still a challenge for environmental law.