Classificação normativa das condutas de extração, comercialização e uso de biomassa como fonte de energia à luz do ordenamento jurídico brasileiro.

Abstract

The present study deals with the normative classification of the extraction, commercialization and use of natural resources (biomass), conducts as a sustainable practice in the generation of alternative energy, in the light of Brazilian legal system. The objective of the research is to identify, studying some Brazilian normative instruments, what is the legal nature of such conduct, in order to know which of them are considered mere administrative infractions and which are classified as criminal offenses. The theme is relevant today, as the fight for the defense of common ecological heritage - of a truly ecumenical nature - has become a new humanism, in face of the escalation of human actions that cause destruction to the environment and constitute, without any doubt, one of the most pressing and urgent problems humanity has faced in the first half of 21st century, due the economic, industrial and technological development of civilized nations. This is an exploratory type research, of a qualitative nature, carried out through the deductive method and research techniques of document analysis and bibliographic review. As a result, it is noticed that the conducts under analysis are now classified in the Brazilian legal system as infractions of an administrative nature, with penalties applied directly by the competent administrative bodies, after regulating administrative proceedings, without the intervention of the Judiciary power; now they are classified as environmental crimes, provided for in special legislation, with sanctions applied exclusively by the Judiciary power, as a result of a criminal action.