THE ACQUITTAL OF SAMARCO: A CRITICAL ANALYSIS OF THE LEGAL DISCOURSE ON CORPORATE CRIMINAL LIABILITY BY THE FEDERAL COURT OF PONTE NOVA, MINAS GERAIS (BRAZIL)

Abstract

This article undertakes a critical examination of the legal rationale underpinning the acquittal of the corporations implicated in the collapse of the Fundão dam, known as the Samarco case, in the state of Minas Gerais, Brazil. It focuses on the doctrinal arguments adopted by the Federal Court of Ponte Nova and explores the purported theoretical and normative challenges surrounding the attribution of criminal liability to legal entities under Brazilian law. The study interrogates whether these alleged dogmatic impediments constitute genuine legal barriers or reflect a restrictive interpretative stance toward corporate criminal responsibility. Ultimately, the paper underscores the pressing need to bridge the gap between academic discourse and judicial practice, advocating for a more integrated and dialogical relationship between legal theory and the institutions that compose the criminal justice system.