Responsabilidade penal da pessoa jurídica em matéria ambiental: análise de casos julgados pelo Tribunal de Justiça de Santa Catarina

• Autor(a) principal: Corrêa, Carolina Luchina
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/15475
• topic: Responsabilidade penal.; Pessoa jurídica.; Meio ambiente.

The present monographic work is based on the analysis of the decisions handed down by the Santa Catarina Court of Justice that condemned the legal entity, ascertaining the criminal liability that was attributed to it and as sanctions applicable to its conviction, based on the 1988 Federal Constitution and the Environmental Crimes Law, which stipulates the penalties applicable to legal entities. For this, the present research is research as to the procedure used for data collection due to the bibliographic and documentary nature, considering the analysis of judges, research in doctrines and in the legislation itself. Regarding the approach, this research is characterized by qualitative, considering that the subjectivity of the problem in question will be analyzed. And, as for the level, it is classified as exploratory. Therefore, decisions were taken on the website of the Court of Justice of Santa Catarina that led the legal person to condemnation, where 4 (four) judgments of that Court were analyzed, verifying the accusation, the position of the defense, the Judgment on the basis of appeals and grounds, to then enter into the merits of the trial in question. In this way, it was possible to obtain that the criminal liability of the legal person has evolved too much over the years, considering that there is no longer a need for double imputation (when the legal person could only be convicted if simultaneously with the person responsible physics), as well as using the theory of reality with respect to a legal entity, since the company can be blamed for the damage it causes to the environment.