O DESASTRE DE BRUMADINHO E A RESPONSABILIDADE PENAL AMBIENTAL DA PESSOA JURÍDICA DE DIREITO PÚBLICO

Abstract

Faced with the need to protect the environment, our organization has been changing over the years, because capitalism brought with it several practices harmful to the environment. Over the years, the Legal Entity has become an integral part of the environmental crimes that exist in Brazil, whether of Private Law or Public Law. The process of exploring the soil, water and air has led human beings to degrade the natural resources existing in Brazil, with mining being a major capitalist process existing in Brazilian lands, and which has caused two enormous environmental disasters in the State of Minas Gerais, with such disasters occurring through the fault of the company responsible for the mining process and also through the fault of the Union for the lack of supervision over the company. Therefore, this article sought to verify the possibility of criminal environmental liability of the Union, regarding the rupture of the dam located in the municipality of Brumadinho-MG. To this end, an analysis was made in the Brazilian legal system, more specifically in Law 6.938/81, in the Federal Constitution of 1988, in Law 9.605/98, in the Doctrine and jurisprudence of our Patriotic Courts, and thus, it was concluded that this possibility is real, and that the Union should be held responsible.