Brazil: Superior Courtroom of Justice establishes binding precedent on the crime of air pollution

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Briefly

On 8 October 2025, the Third Part of the Brazilian Superior Courtroom of Justice (STJ) unanimously dominated on an enchantment below the system of repetitive appeals, establishing that the felony offense of air pollution, when it outcomes or might lead to hurt to human well being, has a proper nature, and an knowledgeable proof shouldn’t be required to show the crime.

The binding thesis established by the STJ was consolidated within the judgment of Particular Enchantment No. 2.205.709/MG, processed below the system of repetitive particular appeals. On that event, the courtroom established the next thesis in Repetitive Theme No. 1377:

“The sort supplied for within the first a part of the caput of Article 54 of Regulation No. 9,605/1998 has a proper nature, and the potential for hurt to human well being is adequate to configure the felony conduct, with no requirement for precise hurt or technical experience, and proof could also be supplied by any appropriate technique of proof.”

In follow, though the choice has not but been printed, the dialogue revolved across the nature of the felony offense — whether or not it will be an summary hazard kind (formal) or a concrete hazard kind (materials). Thus, the brand new thesis consolidates that: (i) the primary a part of the felony offense has a proper nature, shelling out proof of precise hurt to human well being; (ii) the potential threat to human well being is adequate to configure the felony offense; and (iii) technical experience shouldn’t be required, and proof of the crime could also be supplied by different appropriate technique of proof.

In follow, the choice, issued as a binding precedent, ought to information the understanding of different our bodies of the Judiciary, aside from the Brazilian Supreme Courtroom (STF).

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Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation settlement for consulting on international regulation.

Creator
João Gameiro

João Augusto Gameiro grew to become companion of the agency in 2018, when he took over the management of the Company Felony Regulation group.

As a protection legal professional, he has represented a number of multinational firms and their shareholders and officers in police investigations, felony lawsuits, administrative procedures, and congressional investigations on tax evasion, environmental crimes, crimes towards shoppers, antitrust crimes, anti-corruption, anti-counterfeiting, and cash laundering instances. He has additionally labored as a authorized assistant on the Basic Public Prosecution Workplace of the State of São Paulo.

As well as, Gameiro has suggested international firms relating to Brazilian felony and compliance legal guidelines, carried out due diligence centered on felony, anti-bribery, and anti-corruption liabilities and performed inner investigations on company frauds, corruption, and anticompetitive practices.

*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation settlement for consulting on international regulation.

Creator
Alexandre Salomão Jabra

Alexandre Salomão Jabra joined the agency in 2010. He integrates the environmental, client and sustainability follow group, with deal with consultancies, administrative procedures lawsuits and negotiations.

Within the environmental space, Alexandre has a large breadth of expertise in instances involving contamination, environmental and urbanistic licensing procedures, environmental legal responsibility, administration of strong wastes and take-back necessities, effluents, electromagnet air pollution, air emissions, forestry issues, protected areas and minorities, biodiversity, managed chemical compounds merchandise, socio and environmental legal responsibility of economic establishments, local weather change, carbon markets and urbanistic regularization.

Within the client space, Alexandre has expertise with consultations, administrative and judicial procedures associated to Shopper Regulation points with federal, state and municipal businesses, equivalent to DPDC, PROCONs, Public Prosecutors and Municipalities involving recall, affords, information safety, deceptive and abusive promoting, privateness, e-commerce, abusive clauses, industrial practices, phrases and situations and violations to the Brazilian Shopper Protection Code.

Alexandre represents a number of shoppers within the oil&gasoline, automotive, chemical compounds, know-how, meals, communications, mining, finance and companies sectors.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation settlement for consulting on international regulation.