A responsabilidade penal da pessoa jurídica na Legislação Ambiental Brasileira.

Abstract

Despite the devastation caused along the Brazilian history, the environment began to receive effective protection from the constitutional enactment of the Federal Constitution of 1988, in wich the subject has its own chapter. Among the innovations brought by the Magna Carta, is the possibility of legal persons criminally responsible for conduct and activities considered harmful to the environment. With the publication of Law 9605/1998, on 12 February 1998, passed to regulate such responsibility as would. Despite the constitutional and forecasting below constitutional, even absent a consensus on their applicability, and the more sustained arguments against the doctrine and in favor of its application. On this point is that this work lies the problem: you can criminally responsible for the legal practice of violations against the environment? Accordingly, this study intends to make a detailed analysis of the points made by those who are opposed and in favorable of this accountability and the legal provisions pertaining to the subject, then to conclude on the possibility or not criminally responsible for the collective entities, and how you wish. To this, were used as methods of research: the exegetic-legal, bibliographical, historic-evolutionary and comparative. Where you can see that the corporation is liable to criminal liability, at least with regard to environmental legislation, provided that the acts that led to the degrading activity have been charged because of his decision or the collegiate body that represents and, in result, between the collective he receives some benefit.