ENVIRONMENTAL LEGAL LIABILITY CAUSED BY GARIMPO

Abstract

Garimpo is an activity that generates significant environmental impacts, such as soil and water contamination by heavy metals, as well as deforestation and degradation of local flora and fauna. These damages caused by garimpo can lead to serious consequences for the environment and human health. It has been found that Brazilian legislation is clear about the prohibition of garimpo in areas of environmental protection and permanent preservation, as well as the need to obtain authorization for mineral exploration. However, enforcement and control of the garimpo activity are still deficient, facilitating illegal practices and worsening environmental impacts. Additionally, it is important to highlight the relevance of the role of the Public Prosecutor's Office in legal accountability for damages caused by garimpo. The Public Prosecutor's Office has the responsibility to promote public civil actions and criminal actions in defense of the environment, seeking reparation for damages caused and the accountability of those involved in the garimpo activity. Legal accountability for damages caused by garimpo can occur through several laws, such as the Environmental Crimes Law, Mining Law, and Civil Code. Additionally, responsibility can also fall on companies and owners of garimpo areas. In this article, a study was conducted through the method of literature review, with the objective of highlighting the forms of legal accountability for damages caused by garimpo.