Lei de Crimes Ambientais (Lei 9,605/1998)
Law No. 9,605 of 1998 (Lei dos Crimes Ambientais) establishes criminal and administrative sanctions for environmental offenses in Brazil. The law criminalizes conduct that causes damage to the atmosphere, water, soil, fauna, flora, and cultural heritage. It applies to natural persons, legal entities (corporate criminal liability), and public officials who fail to prevent or punish environmental crimes. The law provides for penalties including imprisonment, fines, and the obligation to repair environmental damage (reparação do dano ambiental).
Legal area: Environmental law regulates human activities affecting the environment, including resource protection, pollution, and conservation.
Year enacted: 1998
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L9605.htm
Key Provisions
- Art. 2-3: Criminal liability of legal entities (responsabilidade penal da pessoa jurídica)
- Art. 28-29: Criminal liability of public officials
- Art. 31-36: Administrative sanctions (multa, interdição)
- Art. 37-38: Environmental liability and repair (reparação do dano ambiental)
- Art. 29-40: Crimes against fauna (crimes contra a fauna)
- Art. 41-48: Crimes against flora (crimes contra a flora)
- Art. 49-53: Crimes against the environment, public health, and cultural heritage
Significance
The Environmental Crimes Law is central to Brazil’s environmental enforcement framework, providing criminal sanctions for violations of the environmental legislation. The law’s provision for corporate criminal liability was innovative and has been applied in major environmental cases. The law has been used in the prosecution of illegal deforestation in the Amazon and other environmental violations, though enforcement remains a significant challenge in the face of competing economic interests.