A responsabilidade penal da pessoa jurídica nos crimes ambientais

Abstract

The present work aims to analyze the admissibility of criminal liability of legal entities, because of the increased participation of these entities in collective crimes that injure or cause danger of injury to relevant legal interests, such as the environment. The complexity of modern life and economic relations has increasingly replaced the individual person by the companies through which they have been the most significant violations committed prejudicial to the environment, thus demonstrating the importance of admitting, in addition to individual criminal responsibility, the ability of the criminal legal entity. In the case of environmental crime, more and more corporations occupy the post of an active subject, bringing up the discussion about the possibility of accountability in criminal matters. As the last resort, the Criminal Law should only be called in cases where the relevance of the protected legal interest, failed to aggregate social conduct requires its punitive criminal intervention as a solution to the conflict. Thus, the relevance and expertise of the legal environment as well made it also considered the legal interests in criminal cases. Regarding the protection of the Environment, the Federal Constitution of 1988 is considered a landmark, thanks to innovations and environmental safeguards provided, with emphasis on the procedures provided by it for the effectiveness of the rights granted. Under the protection of environmental assets, the inclusion of criminal liability of legal persons is a step forward in the evolution of criminal law, however, was extremely controversial and numerous doctrinal and jurisprudential positions on the issue of criminalization of collective being. Later, Law 9.605/98 was regulated, which provides for criminal and administrative sanctions derived from conducts and activities harmful to the environment, diploma also provides in article 3 of the possibility of criminal liability of legal persons, effecting, therefore in our planning, the admissibility of the application of criminal penalties for corporate crimes against the environment. The issue that was established with the advent of that law is the incompatibility of their various devices with the current penal system, ie, Brazilian lawmakers entered the criminal liability of legal entities in the legal system without worrying about the necessary adaptation to the existing institutes , allowing for considerable criticism, and the great discontent of classical penal doctrine lies in the absence of human conduct, because this is the essence of the crime, and for those who do not admit crime without human conduct, it is inconceivable that the corporation may committing it.