Aplicação dos dispositivos da lei de crimes ambientais na indústria de laticínios: análise e implicações jurídicas

Abstract

This article addresses the application of Brazilian environmental legislation in the specific context of activities conducted by the dairy sector. Law No. 9,605, of February 12, 1998, establishes a regulatory framework for environmental protection, imposing criminal and administrative sanctions on behaviors and activities that cause environmental damage. Accordingly, this study aims to identify the main environmental infractions committed by dairy companies, analyze the pertinent case law, and evaluate the effectiveness of the sanctions applied. To this end, a qualitative methodology with an exploratory and descriptive approach is adopted, based on the documentary analysis of rulings and judicial decisions, as well as a literature review. The results indicate that, although the legislation is well-defined, its practical application faces significant challenges, especially regarding the production of evidence proving the materiality and authorship of environmental crimes. The analyzed case law reveals variations in the interpretation of the courts concerning the nature of environmental crimes and the necessity of effectively proving the damages. Additionally, the importance of integrated action between environmental and judicial bodies to ensure the effectiveness of the law is highlighted. It is concluded that strict adherence to environmental standards and the implementation of good environmental management practices are crucial to minimizing negative impacts and ensuring legal compliance, thus promoting sustainable economic development and the preservation of natural resources.