🇧🇷Brazil

Responsabilidade Criminal Pessoal dos Gestores

2 verified sources

Definition

Article 60 and subsequent articles of Lei 9.605/1998 impose criminal penalties (1–6 years imprisonment, cumulative fines) on individuals responsible for environmental violations. Hazardous waste operators who fail to maintain compliant manifests and cause soil/water contamination, fauna death, or human health impacts face criminal charges. The law applies to officers, directors, and on-site managers. Liability is not capped and runs parallel to administrative penalties.

Key Findings

  • Financial Impact: Personal imprisonment: 1–6 years (indirect cost: lost income, legal defense); criminal fines: R$500,000–R$10,000,000+ per individual; legal defense costs: R$300,000–R$1,000,000+.
  • Frequency: Per environmental harm event traced to non-compliant manifest tracking; cumulative across multiple incidents.
  • Root Cause: Manual manifest errors or deliberate falsification of hazardous waste disposal records; lack of real-time verification allows non-compliance to persist until environmental damage is documented.

Why This Matters

The Pitch: Executives managing environmental services in Brasil 🇧🇷 face personal jail time (1–6 years) if manifest tracking failures cause documented environmental harm. Automated compliance and real-time audit trails shift liability from individuals to systems, protecting leadership from criminal exposure.

Affected Stakeholders

Executive Management, Environmental Compliance Directors, Operations Managers, Field Supervisors

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas Administrativas por Violação de Conformidade Ambiental

R$50,000,000 (maximum fine for soil contamination/first-time hazardous waste handling violations); partial or total activity suspension causing operational halt; additional civil liability for remediation costs (often exceeding initial fine by 3-5x).

Multas Não Pagas e Expiração do Prazo de Cobrança

Average unpaid fine per violation: R$500,000–R$5,000,000 (varies by waste type and damage severity); legal defense costs for contested fines: R$50,000–R$200,000 per case; opportunity cost of tied-up cash during multi-year appeals.

Suspensão de Atividades e Embargo de Equipamentos

Daily revenue loss during embargo: R$100,000–R$500,000+ per day (varies by company size); lost contracts due to inability to service clients during suspension; equipment seizure and storage costs: R$50,000–R$300,000; restoration/relicensing costs: R$200,000–R$1,000,000+.

Obrigação de Reparação de Danos Ambientais (Responsabilidade Civil Solidária)

Soil remediation: R$1,000,000–R$50,000,000+ depending on contamination area and depth; groundwater remediation: R$2,000,000–R$100,000,000+; aquifer protection: R$5,000,000–R$500,000,000+; liability persists indefinitely until remediated; property becomes unmarketable until liability is discharged.

Multas por Não Conformidade com Licenciamento Ambiental

Estimated: R$ 50,000–500,000+ per non-compliance incident (fines) + remediation costs (unquantified in search results); project suspension costs vary by sector.

Custos de Remediação Ambiental por Danos Não Previstos

Estimated: R$ 100,000–2,000,000+ per remediation order (varies by damage scale and environmental asset affected); civil liability claims unquantified

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