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| Environmental Crimes Law (Brazil) | |
|---|---|
| Name | Lei de Crimes Ambientais |
| Citation | Law No. 9.605/1998 |
| Enacted by | National Congress of Brazil |
| Date enacted | 1998 |
| Territorial extent | Brazil |
| Status | in force |
Environmental Crimes Law (Brazil)
The Environmental Crimes Law, codified as Law No. 9.605/1998, established criminal sanctions for damage to the environment across Brazil. The statute integrated penal sanctions with administrative and civil remedies from instruments like the Federal Constitution of 1988 and supplemented prior measures such as the National Environmental Policy Act-style frameworks in Brazilian jurisprudence. Its adoption reflected pressures from international instruments including the Rio Declaration on Environment and Development and the Convention on Biological Diversity.
Law No. 9.605/1998 emerged amid debates in the National Congress of Brazil influenced by actors such as the Ministry of the Environment (Brazil), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), and NGOs including Greenpeace and WWF-Brazil. Key antecedents included provisions in the Federal Constitution of 1988 and norms from the Código Penal (Brazil); legislative momentum accelerated after environmental disasters like the Itaipava reservoir controversies and high-profile deforestation in the Amazon Rainforest. Legislative reports referenced comparative models from the United States and the European Union, debates in the Supreme Federal Court (Brazil) shaped drafting, and scholarly inputs from universities such as the University of São Paulo and the Federal University of Rio de Janeiro informed legal definitions. Amendments and interpretive guidance have followed decisions by the Supreme Federal Court (Brazil) and rulings from the Superior Court of Justice (Brazil).
The Law articulates offenses in terms of actions against protected natural resources, wildlife, and ecosystems, linking concepts from the Federal Constitution of 1988 and statutory instruments like the National Environmental Policy (Brazil). It defines criminal conduct against fauna and flora, hazardous waste mismanagement, and pollution in coordination with regulatory regimes administered by IBAMA, the Ministério Público Federal (MPF), and state-level prosecutors such as the Ministério Público do Estado de São Paulo. Interpretive frameworks rely on subsidiarity with the Código Penal (Brazil) and alignment with treaties like the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Definitions borrow administrative parameters from resolutions of the National Environmental Council (CONAMA) and technical standards referenced by the Brazilian Institute of Environment and Renewable Natural Resources.
The statute prescribes penalties for conduct including illegal deforestation in the Amazon Rainforest, pollution affecting rivers such as the Rio Negro, wildlife trafficking tied to networks crossing the Brazil–Bolivia border, and improper handling of hazardous substances tied to incidents like mining disasters in Minas Gerais. Penalties range from fines to imprisonment, applying aggravating factors for recidivism and corporate liability involving entities such as corporations regulated by the Brazilian Securities Commission (CVM). Specific offenses interrelate with administrative sanctions from agencies like ANVISA in toxic contamination cases and with civil liabilities adjudicated in forums including the Federal Court of Brazil and state courts such as the Court of Justice of São Paulo.
Enforcement is multi-agency: federal regulators including IBAMA, the Chico Mendes Institute for Biodiversity Conservation (ICMBio), and the National Public Prosecutor's Office (MPF) coordinate with state prosecutors like the Ministério Público do Estado do Pará and law enforcement units including federal police such as the Federal Police (Brazil). Investigations often involve forensic expertise from institutions like the Brazilian Agricultural Research Corporation (EMBRAPA and technical reports produced by university labs at the Federal University of Pará. Prosecution relies on special rapporteurs in the Public Prosecutor's Office and judicial oversight from the Supreme Federal Court (Brazil) when federal interests or direct actions by the President of Brazil implicate constitutional questions.
Notable prosecutions cited in jurisprudence involve operations by the Federal Police (Brazil) against illegal logging rings tied to the Amazon rainforest, prosecutions following the Samarco dam disaster impacting the Doce River, and enforcement actions against large agribusiness firms litigated in the Superior Court of Justice (Brazil)]. Individual cases reached the Supreme Federal Court (Brazil) addressing corporate criminal liability and procedural issues under Law No. 9.605/1998. Academic commentary in journals from the University of Brasília and case compilations from the Brazilian Institute of Criminal Sciences analyze precedents enforcing wildlife protection under the Convention on Migratory Species-related obligations.
Critics from legal scholars at the Getulio Vargas Foundation and NGOs like Instituto Socioambiental argue the law faces enforcement gaps due to resource constraints at IBAMA and politicization within agencies such as the Ministry of the Environment (Brazil). Observers cite tensions between federal and state jurisdictions exemplified in disputes involving the State of Amazonas and private actors like multinational corporations scrutinized by the Brazilian Bar Association (OAB). Procedural criticisms highlight plea bargaining practices before the Superior Court of Justice (Brazil) and evidentiary challenges in transnational prosecutions involving the International Criminal Police Organization.
Brazil's obligations under multilateral instruments—Convention on Biological Diversity, CITES, and commitments from the United Nations Framework Convention on Climate Change—shape domestic enforcement and cross-border cooperation with agencies like the United States Fish and Wildlife Service and regional partners in the Amazon Cooperation Treaty Organization. Mutual legal assistance treaties negotiated by the Ministry of Justice (Brazil) facilitate evidence-sharing with counterparts such as the Attorney General's Office (United States) and prosecutors in countries like Colombia and Peru. International litigation forums and cooperation under the Interpol network support investigations into wildlife trafficking and transnational pollution cases.
Category:Brazilian law