A responsabilidade administrativa ambiental

Abstract

This work refutes the idea that the environmental administrative liability is exclusively objective, once it results from a human behavior against the rules, but, unlike the civil liability, requires, to be established, the presence of the guilt on the part of the trespasser. When a conduct is found contrary to an environmental rule, there is a presumption juris tantum about the existence of guilt in the behavior of the assumptive lawbreaker, who can prove his innocence. Without this reversion on the burden of proof, that presumption will turn into certainty, which will give rise to the relevant penalty. The exclusively subjective administrative liability will only occur when the law expressly stipulates, as in the circumstances described by Section 72, Subsection 3º, I and II, of Federal Law 9605/1998. Thus, it is our conclusion that, as far as environmental administrative liability is concerned, Brazilian legislation has adopted a hybrid system, which merges the rules of the objective and subjective liability