Acordo de não persecução penal e o termo de ajustamento de conduta : atuação do Ministério Público e a experiência do projeto “Fim dos Lixões” em Joca Claudino-PB.

Abstract

In the last four years, the Public Ministry of Paraíba denounced more than 30 managers for environmental crimes related to the irregular disposal of solid waste. The latest survey carried out by the MPPB's Environment Operational Support Center shows that, of the 223 municipalities in Paraíba, 29 still use dumps, with 22 still depositing all the waste produced in these deposits and seven were already sending part of their waste to landfills. . From this succinct context, the following question arises: were the Criminal Non-Prosecution Agreement (ANPP) and the Conduct Adjustment Term (TAC) effective instruments for eradicating the dump and recovering the degraded area in the municipality of Joca Claudino-PB? The research has the general objective of presenting the formative elements and making a criminal procedural technical description of the Criminal Non-Prosecution Agreement and the Environmental Conduct Adjustment Term in the municipality of Joca Claudino in Paraíba. The specific objectives of the research are: to present how the ANPP and the TAC form compounds obeying the legal criteria regarding the requirements of celebration, objective, legitimacy, obligations, deadlines, principles, sanction and execution; explain the judicial procedural process in the Execution of the TAC as an extrajudicial enforceable title, proving compliance with its mandatory clauses, as well as the clauses forming the ANPP; and finally, to present a procedural proposal based on the municipality of Joca Claudino-PB for the other municipal entities, which have not yet concluded their process of eradicating dumps or the partial fulfillment of the TAC. The method to achieve this objective is qualitative, of an exploratory-descriptive nature, having as its object the Criminal Non-Prosecution Agreement and the Environmental Conduct Adjustment Term, as well as a description of the Judicial Process in the context of the Execution of an Extrajudicial Executive Title until the filing request by the Public Ministry, both from the municipality of Joca Claudino in Paraíba. From the description of the results and the theoretical support obtained through the bibliographical and doctrinal review on the themes, it can be provisionally affirmed that the ANPP and the TAC were collaborating instruments for the effective correction of the environmental crime committed, where the first one really had an integral effect for regarding the removal of the landfill from the inappropriate location, however the TAC was not fully implemented, despite having been requested to file it, due to the need for authorization from the Superintendence of Environmental Administration to continue the last obligation of the municipality in relation to recovery of the degraded area with the proper environmental license.