On 8 October 2025, Brazil’s Superior Court of Justice (STJ) issued a binding precedent on the criminal offense of pollution under Article 54. The ruling, delivered through Special Appeal under the system of repetitive appeals, clarifies that the offense is of a formal nature and constitutes an abstract danger crime. It establishes that potential harm to human health is sufficient for liability, without requiring proof of actual harm or technical expertise. Evidence may be provided through any suitable means. This precedent simplifies prosecution and will guide lower courts nationwide, reinforcing environmental compliance obligations.
