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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