CRIMINAL LIABILITY OF THE LEGAL ENTITY IN ENVIRONMENTAL CRIMES

Abstract

The criminal liability of legal entities in environmental crimes is a crucial mechanism for the protection of the environment, especially in the face of increasing degradation resulting from industrial activities and disorderly urbanization. The Environmental Crimes Law (Law No. 9,605/1998) allowed for the criminal liability of companies, recognizing their central role in generating environmental damage. However, its application faces challenges, such as harmonization with constitutional principles and the need to avoid excessive criminalization. Therefore, the objective is to analyze the application of the criminal liability of the legal entity in environmental crimes, exploring its legal and social aspects. Elements such as typicality, anti-legality, culpability and principles such as minimum intervention and insignificance were examined. The results indicate that the criminal liability of companies is effective to curb harmful conducts, but it must be applied with proportionality and reasonableness, balancing economic development and sustainability.  It is concluded that the criminal liability of the legal entity is a necessary advance, but its effectiveness depends on the integration between the criminal system, environmental public policies and social awareness. The adoption of sustainable practices and environmental compliance mechanisms is essential to promote a culture of corporate responsibility, in line with the principles of sustainable development and the protection of the environment for present and future generations.