International Journal of Advanced Engineering Research and Science (IJAERS) [Vol-6, Issue-9, Sept- 2019] https://dx.doi.org/10.22161/ijaers.69.31 ISSN: 2349-6495(P) | 2456-1908(O) www.ijaers.com Page | 259 Environmental Criminal Responsibility and Applicability of Brazilian Constitutional Principles Ariel Fernandes Pretel 1 , Priscila Elise Alves Vasconcelos 2 , Rafael Carvalho Rezende Oliveira 3 1 Student of Law Course in Universidade Estadual de Mato Grosso do Sul, BRAZIL; E-mail: adpretel@gmail.com; Currículo Lattes: http://lattes.cnpq.br/0376292599818481; 2 Studentof PhD Law in Universidade Veiga de Almeida, Master of Science in Agribusiness Programof UniversidadeFederal da Grande Dourados – UFGD, MBA in Environmental from COPPE UFRJ, MBA in Public Law and Private Law from EMERJ/ESA;Professor. Lawyer. EnvrionmentalandRenawable Energy Investigator. Bolsista PROSUP/CAPES/UVA. Lattes:http://lattes.cnpq.br/6228292800964118. E-mail: prisvascon@gmail.com; 3 Pós-doctor from Fordham University School of Law (New York).PhD in Law from UVA/RJ. Master in theoryofStateandconstitutionallawby PUC/RJ. Statelawspecialistat UERJ. Full Professor ofadministrativelawof IBMEC. Professor ofthe Stricto Sensu graduateprogram in Law-Master and PhD of PPGD/UVA. Professor ofadministrative Law at EMERJ. Professor of post- graduationcoursesat FGV and Cândido Mendes. MemberoftheInstituteofAdministrative Law oftheStateof Rio de Janeiro (IDAERJ). Lawyer, referee and legal advisor. Foundingpartnerofthe Office Rafael Oliveira Advogados Associados. E-mail: contato@roaa.adv.br Abstract— The environment constitutes a group right, endowed with an indivisible object without a determined ownership and interconnected by certain circumstances indeed. Considering its relevance and the need to ensure its preservation and safeguard the environment for present and future generations, the Magna Carta of 1988 instituted in its text the protection of the environment, by means of axiological precepts, and the infraconstitutional legal framework established stricter tuitions, including in the penal. Through bibliographic research, with the analysis of national and international scientific articles, and research of Brazilian legislation, this work was carried out in order to verify the effectiveness of environmental laws. Thus, the objective of the research is to analyze the applicability of principles, highlighting the principles of prevention in the environmental sphere, as well as the form of accountability of the causers/polluters for the damage practiced. The case study took into account the environmental damage related to the Mariana Dam, the Ultra cargo Fire and the Brumadinho Dam. Keywords— Environmental damage, prevention, Criminal Responsibility. I. INTRODUCTION Because of the major changes that have occurred over the last century, such as economic growth and technological development, it is noted that the environment has become a path to prosperity and human evolution. It occurs that the environment, as a sector of the economy, ends up being under the control of those possessing the greatest economic power. Supervision f the way in which environmental laws are exploited and applied is ultimately impaired in many cases. It is essential to address the provisions of article 225 of the Magna Carta (Brazil, 1998), where it provides that the environment is a right and a duty of all, should be preserved not only for the present, but also for future generations. In this respect, it is necessary to emphasize the relevance of knowing that the environment constitutes a diffuse right, present as a group right, endowed with an indivisible object, without a certain ownership and intertwined by certain circumstances in fact (FIORILLO, 2017,p. 40). In the face of this, the Federal Brazilian Constitution of 1988 instituted in its constitutional text the existence of a good that have no characteristics of public object or private, from the institute of ownership and property and thus creating a structuring for the protection of environmental values. As a result, the postulated Carta Magna instituted in the legal order a form of application of the Law from axiological precepts, endowed with an impeditive capacity, which permeate the legal framework, the principles.