Environmental Law

    Latin America

    Environmental Law

    Law No. 9.605, of 12 February 1998 (‘the Law’) (only available in Portuguese here) deals with criminal and administrative sanctions derived from conducts and activities harmful to the environment. 

    Last Updated: July 30, 2019

  • Requirements

    Any individual who in any way, contributes to the commission of the crimes relating to environmental damage as stated in the Law, the penalties are determined according to the extent of their culpability, as well as the director, administrator, board member and technical body, auditor, manager, agent or legal representative, who had knowledge of the criminal conduct of another, and fails to impede his action, when he could act to prevent it (Article 2 of the Law).  

    Legal entities shall be administratively, civilly and criminally liable under the provisions of the Law, in cases in which the infraction is committed by the decision of their legal representative or contractual representative, or their collegiate body, in the interest or benefit of their entity. The liability of legal entities does not exclude that of natural persons, authors, co-authors or participants in the same fact (Article 3 of the Law). 

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