A proteção ao meio ambiente através da responsabilização ambiental plena da pessoa jurídica: breve análise das sanções e consequências advindas da aplicação da Lei de Crimes Ambientais

Abstract

This work investigates the concept of legal entity, its nature along with Brazilian law, to enter into the normative possibility of the moral entity to appear as a passive subject in criminal proceedings in the face of crimes against the environment. To this end, the legal concepts of the environment were revised, with a view to constitutional protection of the environmental good, considering the doctrinal classification of FIORILLO (2013), divided into natural environment, artificial construct, cultural expression and work environment. In this conjuncture, from the examination of the characteristics of protective postures to the environment, a legal basis was sought that provides the triple environmental responsibility of the legal entity, especially in the light of the National Environment Policy (Law 6.938 / 81) and the Civil Code (Law No. 10.406 / 02). From the penal perspective, the constitutional protection was started, for the systemic understanding of the Environmental Crimes Law (Law No. 9.605 / 98) and its effective assimilation by native jurists, analyzing, after a brief historical contextualization of the innovative instruments of this legal framework , the “societas delinquere non potest” principle and the philosophical currents that enabled the punitive sanctions provided for collective entities for crimes of environmental damage. Finally, the implications arising from the employment, by national courts, of the principle of double imputation of environmental liability and the obstacles to a better realization of the liability of legal entities in environmental criminal matters were examined.