A impossibilidade da imputação penal da pessoa jurídica de direito público nos casos de crimes ambientais.

Abstract

The present work deals with the analysis of the possibility of applying a criminal guardianship to legal entities under public law in the country order. Based on the established need to protect the environmental resources legally, the problem arises of analyzing in what way the penalties will be applied to the subjects that have given rise to harmful conduct to the environment, thus delineating the protective instruments with constitutional bases and encompassing principles, normative commands, and comparative studies. For this apparatus, it has culminated in the possibility of accountability of the juridical person in the case of environmental crimes, being, however, still controversial debate the possibility of this criminal protection in what pertains to the public entities, since the constitutional provision was not included in covering or except in an eventual criminal setting. The objective of this study was to search for a historical evolution that gave rise to Environmental Law, delimiting its bases, principles and protective instruments, leading to the need for a threefold accountability of any person for the commission of environmental crimes, in the molds of the Law 9.605 / 1998, expandable understanding even for legal entities. Notwithstanding such accountability, we conclude that criminal sanctions are inoperative in the current way for public entities.