A responsabilidade da pessoa jurídica no âmbito penal nos crimes de contaminação de água potável em relação à poluição dos recursos hídricos

• Autor(a) principal: Lacerda, Sílvia Maria Gonçalves Santos de
• Data de Publicação: 2002
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/3742
• topic: Responsabilidade penal; Pessoa jurídica; Contaminação da água potável; Penal responsibility; Legal entity; Contamination of the potable water; CIENCIAS SOCIAIS APLICADAS::DIREITO

The environmental crimes have been a reason of ostentation all over the Word. The judiciary has been finding difficulty to individualize the responsible for such criminal acts the environment. The research in discussion is themed: “The responsibility of the legal entity in the penal range in such crimes as the contamination of the potable water according to hydric resources”. In this purpose, the references of environmental crimes throughout the word were discussed in wide variety, and also the rhetoric function of the expression “sustainable development” was analyzed, as well, starting from the fact of recognition that susceptibility is the natural principal and it cannot be substituted by developer, hurrying on to rapidly avoid its destruction. Through bibliographic and field research, some doctrinaire commentaries were emphasized about the understanding of the true environmental problematic, insinuating vulnerable points referring to the self object of word, such as the neglect of the public government according to environmental protection, who are the responsible for the contamination of the potable water and some other questions related to the topic in discussion. Furthermore, the chapter “from the waters” relates about the volume of the ocean water throughout the globe, showing its resources, its provenance with the contaminated sources, highlighting the industry as the biggest water contamination of all. Some quotations entitled as “juridical tutelage” commented about the legal guardianship of the water in the federal constitution of Brazil as relevant and some other legal definitions as well. Institute treated in the comparison of law, analyzing the institutional laws that distinguished themselves by establishing laws that will preserve the hydric resources on the planet. The environmental politic in Brazil had importance in many blanches of law study, the tutelage of the environment. Although all of the evolution of the civil responsibility theory, reaching up to the objective responsibility, by applying different sanctions, going from giving away fines to the obligations of recovering the environment, even though it shows not being so efficient to solve the problem, as little as it seems, produces side effects in many other biomes. The main aspect of the research was to show the penal responsibility of the legal entity due to the contamination states that the legal entity is also responsible for the environmental crimes, such as the law of “environmental crimes” as seen in article 225, third paragraph, first cut. It also shows that the juridical corporation in the entity responsible for such crimes in the civil and penal range, and also administrable responsible for the environmental crimes, establishing sanctions to be comminated in many areas of law study.