Justiça restaura os crimes ambientais no Brasil : uma análise acerca da aplicabilidade.

Abstract

One of the most debated issues in current Brazilian society concerns the various environmental crimes that have been committed. A few centuries ago, the retributive system achieved its prominent position over other forms of conflict resolution and this model was understood to be the most modern and effective possible. However, this model of criminal justice already shows signs of not being able to promote the reintegration of the offender or even to curb the recurrence of illicit conduct. Therefore, it is necessary to implement new forms of criminal composition with regard to processes involving environmental crimes. In this process of failure of the penalty retribution system, Restorative Justice emerges, which deals with an eminently voluntary process in which the parties, offender and victim, are endowed with greater autonomy to decide the most satisfactory resolution to restore the status that existed before of the transgression. The general objective of the research is, therefore, to analyze the possibility and feasibility of using restorative justice in environmental crimes in Brazil. The specific objectives stand out, in turn: researching restorative justice, its characteristics and applicability, demonstrating the failures of the retributive system, understanding environmental protection and its historical evolution in the Brazilian legal system and, finally, evaluating the applicability of the restorative justice in environmental crimes of less offensive potential and those committed by legal entities. The research concluded with an approach about the possibility of using Restorative Justice in certain environmental crimes that occurred in Brazil. The application in crimes of lesser offensive potential and in crimes committed through legal entities proved to be extremely protective.