Summary
Note: this law is published in Portuguese.
Law 9605/98 is the first Brazilian law that standardized typical acts of abuse against the environment and animals in general. Prior to this law, these acts were only understood based on interpretations of Article 225 of the Brazilian Constitution of 1988 and scattered laws. The Law 9605/98 unified and standardized environmental protection and defined criminal offenses – actions that are considered crimes and carry specific penalties.
Law 9605/98 is a reflection of the “Citizen Constitution,” promulgated in 1988. This Constitution is concerned with the environment, stating that (direct translation): everyone has the right to an ecologically balanced environment, essential to a healthy quality of life, and imposes on the Government and the community the duty to defend and preserve it for present and future generations.
The text is divided into chapters. The first chapter is about general dispositions, as follows: Article 2 establishes that those who contribute to crimes under this Law shall be punished according to their culpability, including directors, administrators, council members, auditors, and other corporate agents who, aware of criminal conduct, fail to prevent its occurrence. Article 3 determines the administrative, civil, and criminal liability of legal entities for infractions committed by their representatives for the benefit of the entity, without excluding the liability of the individuals involved. Article 4 allows for the disregard of the legal entity’s personality when it hinders the compensation for environmental damages.
The second chapter is about penalties and its criteria, also proposing non-custodial penalties (such as community service, temporary rights restriction, partial or total suspension of activities, pecuniary restitution, and home confinement). The third chapter is regarding the seizure of products and instruments of administrative infraction or crime; the fourth chapter is about the prosecutorial procedures and criminal proceedings or other retributions (such as fines).
Chapter Five of 9605/98 addresses the crimes against fauna. Article 29 deals with unlawful killing, pursuing, hunting, or use of wildlife without proper permission, resulting in imprisonment of six months to one year and a fine. Article 30 involves exporting amphibian and reptile skins without authorization. Article 31 pertains to introducing animal species into the country without a favorable technical opinion and license. Article 32 discusses acts of animal abuse, mistreatment, injury, or mutilation. Article 33 concerns causing the death of aquatic wildlife through emissions or material transport. Article 34 addresses fishing during prohibited periods or in restricted areas. Article 35 addresses fishing using explosives, toxic substances, or prohibited methods. Article 36 defines fishing and its scope. Most violations of the law lead to penalties of imprisonment of one to three years and a fine.
Notably, Chapter Five Article 37 states specific situations where killing animals is not considered a crime, which are the following: 1. out of necessity, to satisfy the agent’s or their family’s hunger; 2. to protect crops, orchards, and livestock from predatory or destructive actions of animals, provided it is legal and expressly authorized by the competent authority; 3. when the animal is considered harmful, as characterized by the competent authority.
Regarding fauna, the law determines its protection, forbidding practices such as (direct translation): acts of abuse, mistreatment, injuring, or mutilating wild, domestic, or domesticated animals, native or exotic. The law explicitly prohibits painful experiments, even for educational and/or scientific purposes, when alternative research methods are available.
Other articles of the law deal with Crimes Against Flora, Pollution, and other Environmental Offenses, Crimes against Urban Planning and Cultural Heritage, and Crimes against Environmental Administration.