Joint liability: how operational decisions directly expose the board

Introduction to Joint Liability in the Operational Scope

Joint liability is a legal mechanism that imposes a joint and equal obligation on individuals or entities for actions, especially when operational decisions directly impact the management and compliance with legal regulations. In the corporate context, board members can be held directly responsible for decisions that violate environmental, health and safety laws, or other applicable regulations.

Legal Foundations of Joint Liability

The Brazilian Civil Code, in its articles 264 to 267, establishes joint liability when there are multiple obligations that must be fully fulfilled by any of the debtors. Article 50 of the Civil Code deals with the disregard of the legal entity in cases of abuse, which can generate joint liability for the managers.

Specifically in the environmental area, Law No. 9,605/1998 (Environmental Crimes Law) provides administrative and criminal sanctions for managers who contribute to environmental damage by omission or direct action, reinforcing the direct exposure of board members.

Operational Decisions and Board Exposure

Decisions involving operations that breach environmental or safety standards, for example, can generate joint liability for the board of directors. The lack of proper oversight, approval of internal policies that neglect legal obligations, and weak controls in operational management are factors that amplify legal risks.

It is essential that the board acts diligently and in good faith when reviewing and monitoring operations, ensuring compliance with current legislation, especially in critical areas such as the correct and safe disposal of electronic materials and equipment.

The Importance of Compliance and Responsibilities in Electronic Waste Management

The proper management and disposal of electronic waste is a sensitive operation subject to specific regulations, including Conama Resolution No. 401/2008, which regulates the proper handling of these materials to minimize environmental impacts.

Companies must implement collection and disposal policies that comply with regulations and best practices. Outsourcing electronic waste collection services can be done with certified partners to ensure legal compliance and risk mitigation. The board, when authorizing these operations, must ensure that partners adopt practices compatible with current legislation.

Safety and Responsibility in the Disposal of Electronic Media

The disposal of electronic media, such as hard drives and other data-storing devices, requires specific sanitization procedures to prevent the leakage of confidential information. Conama Resolution No. 401/2008, together with information security technical standards, provides guidance on the secure destruction of these devices.

The contracting of services for secure disposal and sanitization of electronic media must be rigorous, with constant auditing to ensure that procedures meet legal and regulatory requirements, protecting the organization and its managers from future liabilities.

Conclusion

Joint liability imposes on board members a direct obligation regarding operational decisions involving compliance with environmental and safety legislation. Diligent management, compliance with standards, and the adoption of proper practices for disposal and handling of electronic waste and media are essential to mitigate legal risks and protect managers.