POLUIÇÃO SONORA NO AMBIENTE URBANO: INFRAÇÃO PENAL (CRIME OU CONTRAVENÇÃO) OU INFRAÇÃO AMBIENTAL?

Abstract

This article is written under the scope of the legal sciences and deals with the subject of great importance for collectivity that is the noise pollution in the urban environment. Sound pollution is caused by undesirable noises in which they cause discomfort, and are harmful to health. It became important for the Law in Brazil with the promulgation of the greater Carta of 1988, where our constituent legislator disciplined on the matter, its importance and later with the creation of law 9.605 / 98, where it deals with the penal and administrative sanctions of damages caused To the environment. Previously such sanctions were treated as criminal contravention in accordance with art. 42 of the decree law 3688/41 (law of criminal contraventions), which caused by the divergences as to its characterization. Seeking to delimit on the matter, it follows in a character of conclusion in the commission of constitution of justice of the federal senate the bill of which seeks to pacify as administrative infraction.