A responsabilidade penal das pessoas colectivas pela poluição industrial em Moçambique: desafios e soluções jurídicas

Abstract

This final undergraduate thesis examines the Criminal Liability of Legal Entities for Industrial Pollution in Mozambique: Legal Challenges and Solutions. Through a doctrinal and legal literature review, the study analyzes key legal and theoretical concepts related to environmental protection, industrial pollution, environmental damage, and corporate entities. It begins by addressing the constitutional protection of the environment as a legal interest, with emphasis on Article 90(1) of the Constitution of the Republic of Mozambique, which enshrines the right of all individuals to a balanced environment and establishes the duty to protect it. In this context, the Environmental Law (Law N.° 20/97 of 1 October) is also highlighted, as it provides the legal framework for the sustainable use and management of natural resources and outlines mechanisms for holding violators accountable for environmental harm. The study explores the fundamental principles of Environmental Law applicable to the liability of legal entities and examines the evolution of Environmental Law both at the international and national levels. It identifies the main environmental harms resulting from industrial activities and focuses on the criminal liability of legal entities, addressing key legal and practical challenges, such as difficulties in attributing criminal responsibility, evidentiary issues, establishing causation, weak enforcement, and normative gaps. The analysis includes relevant case law and practical examples from Mozambique, referencing companies involved in industrial pollution incidents. In the final section, the study proposes legal solutions, including legislative reform, improvements to criminal and institutional accountability mechanisms, and the promotion of corporate social responsibility as a preventive strategy. It also presents a comparative analysis involving Mozambique, Brazil, and Portugal. The study concludes by reaffirming the importance of criminal liability for legal entities engaged in environmentally harmful practices, particularly in the context of industrial activities with significant polluting potential.