Tutela penal no direito ambiental.

Abstract

The present work makes an analysis of the historical context where the ambient guardianship, its evolution, creation and analysis of some existing criminal types appears and boarding on the effectiveness of the ambient criminal guardianship. The degradation of the environment is a clamorous concern. Since the times most remote the nature comes currently being destroyed for our ascendants and for us. Although to be an old problem it grows to each day and if it presents in the most diverse types of destruction. E in this context of as many injustices practised without no modesty even though appears some free devices in forms of orders and of laws. This guardianship with Law 7,347/85 gains force that it deals with the public civil action, but really is consolidated with the entrance in vigor of Law 9,605/98 that it makes use on the penalties and administrative derived from behaviors and harmful activities to the environment, beyond of the other steps. The new law foresees some new types, congregates other free in diverse legislations and also deals with its applicability next to other laws in what it says respect mainly the procedural benefits. It is intended as objective generality of this work to display the protection, the criminal guardianship of the existing and brought environment in the Environmental law, either in what its party to lawsuit says respect, either in material party. Treating in specific points of the historical evolution to the ambient guardianship, concepts and principles of the substance, application of the penalty, probation, apprehension of products and instrument used in the illicit one, transaction and elementary suspension of the process, ability, elements and of the type and the effectiveness of the criminal guardianship of the environment. An important and complete boarding of the ambient criminal guardianship. For in such a way the exegetic-legal method will be used, assisted for the method description-evolution, in order to proceed the bibliographical research. The conclusion pointed for the research walks in the direction to demonstrate that the ambient criminal guardianship really exists, although to still have some divergent points in the doctrine, mainly in what says respect to the active citizen of the crime, but nothing that compromises the applicability of the Environmental law, and to demonstrate as this guardianship it is made use in our legal system, presenting advances and retrocessions suffered in the last times.