Criminal liability of public authorities for climate inaction: challenges and perspectives

auteur Andresa Soares
tijdschrift RIDP Libri (ISSN: )
jaargang 2025
aflevering Environment and Contemporary Challenges to Criminal Law
onderdeel Part 1: Criminal law
publicatie datum 5 november 2025
taal English
pagina 93
samenvatting

Given the advance of global environmental crisis and their social, economic, and ecological impacts, this article seeks to analyze whether it is possible to impose public agents and government authorities criminally liable for failing to implement climate change mitigation policies or prevent potential environmental impacts that are routinely expected, especially in countries such as Brazil. The growing international pressure for States to adopt effective measures against climate change is accompanied by a debate on the appropriate legal mechanisms to impose public agents responsibility who, by failing to implement mitigation policies, may contribute to environmental degradation, the worsening of climate catastrophes and even extreme situations of death. In the field of criminal law, this discussion becomes fundamental to the extent that these circumstances may give rise to the creation of new crimes but at the same time, basic notions regarding the requirement of a causal link between the agent and the criminal result and subjective criminal liability must be observed.