Environmental liability has taken a new step in the international legal arena. Carlos Portugal Gouvêa and Caio Henrique Yoshikawa, partners at PG Law, have published an article in the International Bar Association (IBA), one of the world’s leading legal organizations.

The article, titled “The concept of indirect polluter and jurisdictional choices in environmental liability cases”, explores how the Brazilian concept of indirect polluter can reshape the framework for assigning responsibility in environmental disasters. Based on Brazilian legislation, particularly Law No. 6,938/1981, the article demonstrates how responsibility for ecological harm can extend beyond direct polluters to include shareholders, creditors, and service providers who contribute to or benefit from environmentally harmful activities.

The publication also discusses the impact of this legal concept in transnational litigation, using the Mariana and Brumadinho dam disasters as examples. These cases reached international courts, such as those in England and Wales, and could pave the way for broader recognition of the indirect polluter doctrine in other jurisdictions.

Another key element of the article is the connection between the indirect polluter concept and the principle of extraterritoriality, which allows victims to file claims in countries where responsible parties or their assets are located. This development represents a significant step forward in holding complex corporate structures accountable, closing legal loopholes that enable shielding through subsidiaries and offshore arrangements.

The contribution from PG Law’s partners to this global debate highlights the firm’s commitment to legal innovation and to promoting sustainable business practices. The article is available on the International Bar Association website.