RESPONSABILIDADE PENAL DA PESSOA JURÍDICA NOS CRIMES AMBIENTAIS

Abstract

The necessary economic and technological growth of modern man increasingly demands the intensification of the extraction of natural resources in order to meet the needs of society. However, for a long time, this exploration has been unrestrained and carefree with regard to the preservation of environmental heritage. Legal Entities are the ones that most harm the environment and have been the least accountable. This work will demonstrate how, historically, economic power leads to the loosening of the rules that limit exploitation, as well as the penalties related to conduct and activities that are harmful to the environment. Although, currently, there is a growing concern related to the consequences arising from the misuse of resources, it is noted that measures such as the institution of supervisory and coercive bodies and norms are not enough to provoke corporate awareness. There is an intense increase in environmental crimes caused by legal entities without the corresponding determination and/or punishment of those responsible. It will be studied about the criminal liability of legal entities in environmental crimes based on constitutional principles, in article 225 of the Magna Carta, as well as in Law 9,605/98, alluding to favorable and contrary theories. For this, it adopted the deductive approach method in bibliographic and documental research. With the survey, it was concluded that, in favor of building a sustainable economy, the criminal liability of legal entities is absolutely feasible and healthy.