Responsabilidade penal ambiental da pessoa jurídica de Direito público.

Abstract

Since the discovery , the environment in Brazilian land suffers damage by human hands , and actually started to receive constitutional protection from the promulgation of the Constitution of 1988 , gaining its own chapter . Among the new guidelines brought by the Constitution , there is the possibility of legal persons criminally liable for the acts and omissions detrimental to the environment . With the publication of Law No. 9605 on February 12, 1998 , was passed to regulate the directions that responsibility. Although , with constitutional provision and infra , there was no consensus of its applicability , with both in doctrine and jurisprudence knowledge in favor and against . And that point comes to the issue of this work , which is the possibility of criminal liability of legal entities of public law for environmental crimes . Aiming to get through an analytical view of the arguments used by opponents and favor such accountability and to the light of the legal provisions on the subject , later to conclude on whether or not criminally responsible for the collective entities of public law . To this end , we used as a research method : the exegetical - legal literature , historical - comparative and evolutionary . Being didactically divided into three chapters , the first term making approach on the environment , treating its diffuse nature , concepts , aspects and its protection , the second presents the theories , the approach of comparative law and the arguments in favor and against criminal liability of the corporation and third , an analysis of the constitutional and legal on the criminal liability of the legal entity of public law under Brazilian law . Where it can be seen that the legal entity of public law is subject to criminal liability , at least in regard to environmental legislation , since the acts that led to the degrading activity have been carried out by a decision of its legal representative or organ collegiate to represent and, as a result of this, the collective entity earns some benefit .