O PAPEL DO DIREITO NA PROTEÇÃO AMBIENTAL E NA RESPONSABILIDADE CIVIL E PENAL

Abstract

This research, titled "The Role of Law in Environmental Protection: Civil and Criminal Liability in Analysis", aims to examine civil and criminal liability in cases of environmental damage, exploring their legal foundations, practical implications, and the challenges faced to ensure effective environmental protection in Brazil.faced to ensure effective environmental protection in Brazil. Based on the premise that law plays a crucial role in regulating and promoting a culture of environmental respect, the study emphasizes the importance of understanding existing norms' societal impact and potential improvements. The theoretical framework contextualizes the evolution of environmental law in response to the global ecological crisis and Brazil’s specific challenges, highlighting the constitutional guarantee of a balanced environment and principles like the polluter-pays, prevention, and precaution. Civil liability is analyzed under the strict liability regime established by Law 6,938/1981, focusing on damage reparation without requiring proof of fault. Criminal liability, governed by Law 9,605/1998, addresses punitive measures for harmful conduct and the accountability of corporations often responsible for severe environmental crimes. Despite Brazil's comprehensive environmental legislation, the study identifies implementation challenges, such as weak enforcement, insufficient resources, and disproportionate penalties relative to the damages caused. Cases like the dam collapses in Mariana and Brumadinho underscore the inadequacies in sanctions and the persistence of socio-environmental harm. Through a bibliographic and documentary review, coupled with case analyses, the monograph offers recommendations to enhance legislation and legal practice, aiming for more effective accountability and stricter prevention and reparation of environmental damages. The study underscores the essential role of law as a tool for social justice and sustainability, asserting that environmental protection is a commitment to present and future generations.