A responsabilidade penal ambiental internacional e a tipificação do ecocídio: o substrato para a exequibilidade de crimes internacionais de dirigentes de pessoas jurídicas diante de danos massivos ambientais

Abstract

The diffusion of interest that permeates the extent of serious environmental damage takes us to a perspective of transnationality to the point of questioning the gap that exists in the face of the incidence of environmental crimes that call into question the international protection of the environment. In this sense, this article questions, in light of the principle of individualization of conduct, whether it is feasible to classify ecocide as an international crime to be judged by the International Criminal Court. As a premise, the suitability of this new international environmental criminal type is supported, especially for the purposes of possible liability of directors of legal entities, with the respective conduct and penalty being individualized by an act of specific criminal classification, to be inserted, in Brazil, through an international treaty. As a methodology, this essay, based on bibliographic studies, is exploratory, documentary and qualitative research, also adopting, as a theoretical framework, the work of Djalma Brochado (2023) in defense of the viability of ecocide in the face of massive environmental damage.