Responsabilidade penal da pessoa jurídica pelos crimes ambientais face a Lei 9.605/98.

Abstract

Currently, legal protection for the environment is a requirement recognized woridwide. The regulatory changes that develops is determined by a basic imperative of survival and solidarity. Constant changes in society and, consequently, the environment, because of environmental degradation mainly practiced by corporations, are demanding the state to adopt strong measures to prevent the impunity of these individuals. So back to present research to examine the criminal liability of legal entities, starting from the Theories of Fiction and Reality, approaching the main arguments for and against. Regarding the Court, exposes the positioning of the STF and STJ. Given the subject called, one wonders about the possibility of criminal liability of legal persons in the face of committing crimes against the environment. Thus, this research aims at analyzing the doctrinal differences concerning the liability of legal entities for environmental crimes, enforcing the constitutional and infra-constitutional legislation, particularly the law dealing with environmental crimes (Law No. 9.605/98), as well as check effectiveness of environmental crimes penalties prescribed by this law and conforms with the Constitution. To achieve this goal using the methods and evolutionary history-legalexegeticai and bibliographical studies, to undertake analysis of environmental legislation discussed in the research. In order to see if it's possible criminal liability of legal persons, basing on the Court homeland, which reflects the aspirations of society in search of an effective environmental legislation, which not only protects the environment, but also punish those responsible for degradation, whether individuals or corporations.