As esferas de responsabilidade pelo dano ambiental: aplicação ao caso Samarco

Abstract

In this brief article we will study the polluter spheres of responsibility that causes environmental damage, in particular the possible responsibilities of the mining company Samarco for environmental damage resulting from the disruption of the Fundão dam and overflow of Santarém dam. We aim to analyze the Superior Courts jurisprudence. The present study seeks to explain the possibility of the polluter responding to different spheres by the same fact, without setting bis in idem, as well as clarifying the feasibility of criminal liability of the legal person in view of the impossibility of applying custodial sentence.

Keywords

• environmental damage
• spheres of responsibility
• criminal responsibility of legal entity
• objective and subjective responsibility
• Samarco