SCOPE OF THE LEGAL ENTITY'S CRIMINAL RESPONSIBILITY FOR ENVIRONMENTAL CRIMES

Abstract

The present work examines the criminal liability of the legal person for environmental crimes with the questions that the institute establishes. The most relevant theories and principles that discuss the legal nature of collective entities and the possibility of their liability in the criminal-environmental sphere are pointed out, focusing on the main arguments used by the doctrine, to defend or reject the theme, in the position adopted by the Constitution 1988 and in the innovations brought by Law No. 9,605 / 1998. Finally, the evolution of the jurisprudence of the STF and STJ regarding the institute is presented and comments are made on the two major environmental disasters that occurred in Brazil, both in the State of Minas Gerais.