Politics · Brazil · 2 hrs ago

Brazil’s environmental crime law struggles to hold large companies criminally responsible

Brazil’s environmental crime law struggles to hold large companies criminally responsible

Brazil’s Environmental Crimes Law sets conditions for prosecuting companies for environmental crimes.

Prosecutors must identify a person who committed the offence, link it to a decision by a company representative or governing body, and show that the company benefited.

Those links can be easier to establish at small and medium-sized businesses, where responsibility and decisions may be clearer.

At large companies, decisions can be spread across boards, executives and managers, making it hard to prove who made the required decision.

The article argues that this leaves large corporations harder to hold criminally responsible, even when their operations cause major environmental harm.

It says the law has not fulfilled its aim of punishing large companies responsible for the country’s worst environmental damage.

The author suggests considering whether civil, administrative and regulatory penalties may work better, rather than expanding criminal liability.

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Estadão articleArticle author
quanto mais sofisticada a estrutura de uma empresa, mais difícil se torna responsabilizá-la criminalmente
via Estadão
Vinte e oito anos depois, é preciso reconhecer que a lei não cumpriu essa promessa.
via Estadão