A efetividade da lei de crimes ambientais e sua aplicabilidade do território nacional à luz das decisões emanadas pelo Supremo Tribunal Federal.

Abstract

The preservation of the environment is to guarantee fundamental human rights inherent and general guiding principle is to Environmental Law. Therefore, the environment must have their property protected legal criminally, without prejudice to the authority in civil and administrative spheres. The Law on Environmental Crimes (Law No. 9.605/98), which typifies conduct detrimental to the environment applying them penalties, and plays the role loomed large and is characterized by being innovative and vigorous, and was even singled out as a milestone in the history of laws environment in Brazil. The choice of the theme of the work is justified on the relevance of the law, within the socio-legal Brazilian, in the face of growing concern in the global environmental preservation. It aims to examine the work the applicability and effectiveness of the law on national territory under the Federal Supreme Court. During the work, realizes that the law is really effective, at least in a formal perspective, with the possibility of the completion of its social function. However, the law has its effectiveness or efficiency social limited, because of low social awareness on the importance of conserving the environment, for the good of this and future generations; Trick and policies aimed, above anything, economic growth of the country even i f it is not tied to the ecological balance, and therefore without observing the so-called sustainable development. The methods used in preparing the study were the history-changing, because it brings a study of laws on environmental more important, prior to the Environmental Crimes Act, since the days of colonial Brazil until the present day, and the exegesis - legal, since throughout the work examines whether the Law on Environmental Crimes, through the study of its articles, contextualized them in order homeland. The techniques were employed to search the literature and documentary, because the work is based in theoretical reference built from the legal content and doctrinal stamp of environmental or other fields of law, beyond the quantitative and qualitative analysis of texts from law the Federal Supreme Court, which in general have been insufficient, even after ten years of the law in comment. Thus, through the use of these methods and search technique, you get to partial confirmation of the hypothesis related to the problem pertaining to the subject. One can therefore say that the law is effective, that is afflicting an end in itself, however effective topic is that the act still leaves to be desired because of the social and legal context that is inserted.