Spheres of Responsibility for Environmental Damage: Application to Case Samarco

Authors

  • Beatriz Duarte Correa de Brito Pontifícia Universidade Católica de Campinas (PUC-Campinas)
  • Josué Mastrodi Neto Pontifícia Universidade Católica de Campinas (PUC-Campinas)

DOI:

https://doi.org/10.5380/dma.v39i0.47182

Keywords:

environmental damage, spheres of responsibility, criminal responsibility of legal entity, objective and subjective responsibility, 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.

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Published

2016-12-30

How to Cite

Brito, B. D. C. de, & Mastrodi Neto, J. (2016). Spheres of Responsibility for Environmental Damage: Application to Case Samarco. Desenvolvimento E Meio Ambiente, 39. https://doi.org/10.5380/dma.v39i0.47182

Issue

Vol. 39 (2016)

Section

Articles

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