Sustentabilidade, pessoas jurídicas e a responsabilidade ante crimes ambientais: uma análise à luz da figura do compliance programs

Abstract

This undergraduate thesis analyzes the liability of legal entities for committing environmental crimes, in light of compliance programs as instruments for preventing such conduct. The research begins by examining the relationship between humans and nature and its influence on the economic model adopted by Brazil, which has led to the neglect of the environmental impacts caused by business activities. The 1988 Federal Constitution, by granting the right to environmental protection the status of a fundamental right, established the duty of preservation as a shared responsibility between the State and society, allowing for the liability of legal entities for environmental damage. However, the practical application of this provision still faces doctrinal and jurisprudential controversies, especially regarding the imposition of criminal sanctions on legal entities. In this context, corporate compliance programs emerge as a potential solution to the challenges faced, acting to identify, mitigate, and prevent environmental risks within business operations. Using a deductive methodology based on bibliographic review and normative and case law analysis, the study concludes that the effective implementation of environmental compliance mechanisms by companies can represent significant progress in environmental protection and in fostering an organizational culture based on ethics, transparency, and sustainability