Crimes ambientais contra a fauna: efetividade da Lei 9.605/98.

Abstract

The research aims to elucidate the innovations introduced by Law No. 9.605/98 crimes against wildlife. The Act introduced new crimes incriminating, which were once regarded as mere criminal misdemeanors and now become crimes, but also delineated the extent of the penalties prescribed, adapting them to the severity of each event, setting penalties more consistent with the reality of facts, and to provide for the legal entity to be active agents of crime. The survey aims to ascertain the effectiveness of penalties as well as the destination of the products seized in the offense. On investigation, we used the deductive method, which is a kind of logical reasoning, which uses deduction to reach the end of a given premise. As well, made use of historical-evolutionary approach to analyze the evolution of environmental criminal law. As for the technical research, drew on the indirect documentation through research documents (laws, court cases, judgments, decrees) and literature (doctrines, articles and other media). However, even after the Environmental Crimes Act there are still several gaps that end allowing environmental degradation, but with the effort of state and society can be an improvement in animal welfare. Therefore, as the environment is considered as a legal right in the Constitution of 1988, the environmental protection laws reflect national developments in line with international standards. Thus, the growing economy implies the loss of natural resources and the extinction of several species of animals, is necessary because the applicability of rule of law more effectively to ensure sustainable development and a healthy quality of life for present and future generations.