Responsabilidade dos degradadores diante de catástrofes ambientais

Abstract

This article aims to discuss the relevance of protecting the environment because of highly relevant environmental impacts, exposing the events of an international nature that led Brazil to create the National Environmental Policy (Law n. 6.938/81-PNMA ), inaugurating in the country Environmental Law as an autonomous branch. This law introduced rules of great relevance, especially regarding the accountability of environmental offenders in the administrative and civil areas. Subsequently, with the advent of the Federal Constitution/88 and the establishment of guiding principles of Environmental Law, as well as the provision of criminal liability of the legal entity, regulated by Law 9605/98, the triad of liability of the offender in Environmental Brazilian Law was completed. The three forms of accountability, administrative, civil and criminal, form a powerful shield for protecting the environment. Disasters and tragedies, such as the one that occurred in the city of Brumadinho/MG, must be analyzed from this perspective, which was intended in this work. As a methodology, the bibliographic method was used, encompassing the analysis of doctrine, legislation and jurisprudence, to analyze the decisions issued by the Judiciary according to environmental law, aiming to ascertain its effectiveness in protecting the environment.