As relações jurídicas subjacentes do dano ambiental nas suas esferas civil, administrativa e criminal.

Abstract

The work in epigraph has for mark to study the current juridical relationships of the environmental damage in the following spheres: administrative, civil and criminal. In that path, to present researches lens to analyze the form as the juridical-normative scenery it is restraint the conducts that create damages; to verify the nuances and peculiarities in what refers to the form as the branches administrative, civil and penal treat of the subject now studied; to observe which the positionings, on the part of the superior tribunals, especially the Superior Tribunal de Justica, concerning underlying incidental subjects to the responsabilization for the caused damage and, finally, to expose the doctrinaire and legal understanding that permeate the subject, standing out, in relation to the first, the relative critics to the same. The method used for to do the research in screen was the interpreterjuridical. The study observed that, in the administrative wheat field, the conducts are punishable for the own Public Administration, that it is used, for such desideratum, of the Power of Environmental Police the agents' responsibility that practiced some of the administrative infractions to thicken foreseen in the article 72 of the Law no. 9.605/1998, through the competent administrative process. As for the civil aspect, it is understood that the civil responsabilization is configured, the one which, in casu, is objective on the part of the agent, when the damage to be verified to the environment and the respective causal connection between this and that subject. Finally, as for the penal aspect, it was evidenced that the penal responsabilization should only be used in it ultima ratio and, in case of environmental crimes, it reaches as much natural persons as juridical, adapting, their respective sanctions to their specificities. In what refers to the conclusions that it presented to present research, was detected that the administrative processes are not accomplishing with primordial mark that it is of punishing the agents causes of environmental damages appropriately, because they are slow; in the civil wheat field, the understanding more current of the superior tribunals is of looking for the preservation of the middle and her consequent recovery firstly, for, only then, i f it looks for the compensation, commonly executed in money, and, this last one, now, it is not punishing the environmental offenders satisfactorily; finally, in the criminal aspect, it was seated that the relative legislation the that wheat field of the right is totally permeated by penal norms in white, what results in precepts completely wandered, imprecise and full of gap, being verified, like this, lesion to the beginning of the legality.