Exequibilidade social da implementação do criminal compliance ambiental à luz da teoria expansiva da responsabilidade social das empresas

Abstract

Considering the current national and international situation of crisis of the functions of the States in the sense of materialization of social rights and considering, on the other hand, the peculiarities assumed under the aspect of protection to the environment and as such situation is experienced by the patron context, the object of the social feasibility of environmental standards in Brazil. It is specifically investigated how such effectiveness can be manifested through the use of compliance, integrity, environmental standards. In respect to the complexity of the subject, it is strictly in the treatment of normal environmental criminal before the singularities that dye the study of the subject in the criminal chamber. The cut refers to the specificities of criminal accountability, which differs from the civil and administrative field. Through a deductive method, which is based on the national and international conjuncture of the treatment of environmental crimes, to investigate specifically the compliance institute and how it is applied in the fixed area, the national and international scientific production was used for the theoretical treatment about the topic. The research focuses on the crisis of financial capitalism and the contemporary environmental crisis to contextualize the importance of environmental debate to the weaknesses of the state in providing protection of ecological conditions. The idea of sustainability is also traced, referring to the concept of strong and weak sustainability. The theme in the field of ecological modernity is that, distancing itself from a vision based solely on risk, assumes the possibility of finding ways to environmental protection without assuming as a presupposition the overcoming of the established economic model. On the other hand, compliance gains singular aspects when the Latin reality is emphasized, since integrity has close connection with the ethical norms defended by each society. That said, research also considers bioethics in the Latin context, Environmental Justice and the Ecologism of the Poor. The ecological dimension of the dignity of the human person and the defense of the right to development are also expensive for research, because they bring notes representative of the environmental issue in the country context. The main objective of the study is to demonstrate the need to use the instrument, to provide theoretical subsidies that support its future normative construction, with the expansion of corporate responsibility being the theory that materializes and contributes to the social feasibility of environmental criminal compliance . By means of such a theory, it is inferred the extension of the corporate social responsibility that extends to the acting and business discourses, which bases, from the perspective defended, the application of the criminal integrity in the environmental field, in harmony with the other elements theorists who are also related to the theme.