BEZERRA, R. C.; http://lattes.cnpq.br/0289727346946759; BEZERRA, Rodolfo Cipriano.
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.