ENVIRONMENTAL DAMAGE AND TRANSNATIONAL AGRIBUSINESS COMPANIES

Abstract

This article studies the environmental damage caused by transnational agribusiness corporations, addressing their causes, effects, and social and legal impacts. It analyzes the polluter-pays principle, which allows for civil, criminal, and administrative penalties for these companies. These companies must prioritize reparation for the damage caused, as profits should not result in the illegal use of environmental resources. Therefore, transnational corporations must adopt preventive measures to avoid harm. Therefore, if such damage occurs, reparation must be comprehensive, preferably in natura, to restore the affected species. This paper also examines the imprescriptibility of civil reparation for environmental damages, as defined by the Federal Supreme Court, as well as the Judiciary's stance on ecological governance, given the omissions of the Executive and Legislative branches. The text also addresses the reversal of the burden of proof and the possibility of recognizing collective environmental moral damages, as well as the cumulative obligations to act, refrain from acting, and compensate, aiming for full reparation. Finally, the article uses deductive and historical-comparative methods, analyzing major environmental disasters in Brazil, especially in the oil and mining sectors, in comparison with the practices of agribusiness companies.

DOI: https://doi.org/10.56238/edimpacto2025.084-003