A responsabilidade penal da pessoa jurídica pelos crimes ambientais.

Abstract

This paper seeks to address a critical view on the criminal liability of legal entities for environmental crimes against the Law 9605/98. Currently, the legal protection of the

environment is a globally recognized requirement. The normative evolution that de- velops is determined by a basic imperative of survival and solidarity (pact between

generations). Constant transformations in society and, consequently, the environ- ment, because of environmental degradation mainly practiced by companies, are

demanding the State to adopt vigorous measures to prevent impunity for such enti- ties. So, back to this research to examine the criminal liability of legal entities, starting

with the various theories highlighting the Theories of Fiction and Reality, approaching the main favorable and unfavorable arguments. Concerning Jurisprudence, explains

the positioning of the STF and STJ and other Courts. Put forth the theme, one won- ders about the possibility of criminal liability of legal persons in the face of the com- mission of crimes against the environment. Thus, this research aims to analyze the

doctrinal differences on the liability of legal entities for environmental crimes, enforc- ing the constitutional provisions and constitutional legislation, in particular the law

dealing with environmental crimes (Law No. 9605/98), as well as verify the effective- ness of environmental crime penalties prescribed by this law and its agreement with

the Federal Constitution. To accomplish this use up the evolutionary history-and le- gal-exegetical methods and bibliographical studies, to undertake analysis of envi- ronmental legislation discussed in the research. In order to see that it is possible for

criminal liability of legal persons, basing on the Jurisprudence homeland, walking to- wards the responsible entity in quepese such decisions of the Courts reflect the de- sires of society in the pursuit of effective legislation environment, which not only pro- tects the environment but also punish those responsible for their degradation, wheth- er individuals or corporations.