A impunidade das empresas no desastre de Mariana: uma análise à luz da responsabilidade penal das pessoas jurídicas e do instituto da prescrição no processo penal brasileiro

Abstract

The research investigates the impunity of companies in the Mariana disaster, analyzing the criminal liability of legal entities and the impact of prescription in the Brazilian criminal process. The main objective is to identify how prescription contributes to the impunity of these entities, recognizing the omissions in the criminal legal system that make their accountability difficult. Furthermore, we seek to indicate alternatives for a more effective resolution of the criminal consequences of corporate conduct and repair of the damage caused in 2015. To this end, specific procedures were adopted, such as the analysis of criminal liability for corporate conduct in the disaster and the possibility of criminal charges against companies. The research also relates the statute of limitations with the principles of effectiveness and reasonable duration of criminal proceedings, in addition to exploring the significant environmental impacts on affected communities. The methodology used is qualitative, with an inductive approach and bibliographical research, allowing the identification and interpretation of factors that hinder criminal liability. The results show that the disaster was handled in a legally inadequate manner, without adequate sanctions for corporations. The prescription of environmental crimes highlights the impunity of companies and the lack of characterization of their criminal responsibility, highlighting the urgent need for reforms in the criminal legal system to guarantee the effectiveness of justice and the reparation of damages suffered by affected communities