A desconsideração da personalidade jurídica na tutela processual dos ilícitos ambientais.

Abstract

Concern for the environment is the need for protection of terrestrial ecosystems, given its enormous importance in the survival of humanity. For this, it is necessary to get that man means to reconcile economic development and global environmental protection through the application of the principles of sustainable development, so that the world continues to develop without harming the future of new and future generations, as provided for in the Constitution of 1988. For this to be accomplished, was created to Law n° 9.605/98 (Law of Environmental Crimes), in order to protect and manage environmental crime penalties for agents who practice such behavior inexcusable. Among these agents are legal entities, with the capacity to practice environmental offenses, and that sometimes, if they use their business to obstruct the accountability in the administrative, civil and criminal matters. To curb this practice to environmental law cited in the text provides, among other instruments, the disregard of legal personality, that corporate managers are held accountable for their actions with regards to its assets, where the legal entity to use as a cover to allow the practice of environmental offenses. In this context it is necessary to analyze the theory of disregard of legal personality and its effective application in the Brazilian legal system. One wonders, therefore, the courts were applying patriotic disregard of the institution of legal personality as appropriate to ensure effective protection of the environment? As a hypothesis, but it is noted that, given the express legal provision of the institute, in addition to concrete environmental protection afforded by the Constitution to the environment, as well as legal first magnitude. To develop the research will be used the deductive method as a method of approach to the subject and method of interpretation and legal, as the study of procedural law, teaching, books, journals and case law to a greater understanding of the subject, since there is a wide scope of the theme within a theoretical universe, it is pointed out, though, the historical method as an aid to conceptual analysis of the formation of the subject in the course of evolution of law in this endeavor. The techniques of archival research and literature were also used to define the concepts necessary to develop the theme, as well as to help define and investigate the sample intended for judicial investigation of the subject. Finally, we seek to highlight the importance of disregard of legal personality as a suitable legal instrument to curb environmental offenses committed by companies, through the realization of the cases of disregard for the law, basing mainly on the decisions of various courts. Finally, we conclude that the evidence of these facts must be grounded in legitimate and irrefutable evidence to contend that the proper repair of damage experienced by the environment and the community.