Tutela penal ambiental: tipos penais e aspectos controversos

Abstract

This study aims to analyze the environmental penal law, enshrined in Law 9.605/98, criminal types, their peculiarities and controversial aspects. Adopts an exploratory research and guided the literature review. Contextualizes the Environmental Law and the environment, with concept, guiding principles, and the environment as diffuse right. Analyzes the use of criminal law in the protection of the environment and the legal interests protected by the same. It presents historical and evolutionary analysis of environmental law. Addresses crimes against wildlife, crimes against flora, pollution and other environmental crimes, crimes against urban planning and cultural heritage and crimes against environmental administration, for it regulated. Concludes that despite the criticism of the said law, the use of criminal law to repress those who cause environmental damage are still needed, and integrates the triple accountability under the Constitution/88, being the law of the interpreter apply it in line with other qualifications, in order to reconcile the interests and protect the rights and guarantees of the offender, and to provide effective protection of the environment and of common use.