Criminal responsability in case of environmental disasters in Brasil

Abstract

Brazil, not unlike what happens around the world, has suffered more and more impacts from disasters, whether of natural origin or caused by human action. The Federal Constitution, in its article 225, third paragraph, is clear in relation o the responsibility of those who, in any case, compete for the occurrence of environmental damage: it is always the strict liability. In this context of socioenvironmental disasters, occurrences are evident in the last years - especially related to dams. Mariana (2015) and Brumadinho (2019), both cities the State of Minas Gerais, suffered great social and economic impacts resulting from the rupture of mining tailings dams. The repetition of occurrences of this magnitude corroborates with the sense of impunity that surrounds the Brazilian judicial system. Thus, this article aims to analyze how the responsibility of those responsible for disasters in Brazil is made accountable. Therefore, it is based on the exploratory-descriptive methodology, having a qualitative approach. The research is carried out in a bibliographical-documentary way, by analyzing laws and bibliography, both in Criminal Law and in Disaster Law. At first, a conceptual approach to disaster is made. Following are some penalties for the outcome of a disaster. Subsequently, the study of 3 cases, Mariana, Brumadinho and Barcarena (State of Pará), is carried out, from which it is sought to refute or confirm the sense of impunity that permeates the judicial system.