Tutela penal nos crimes ambientais: a efetividade do instrumento e o direito administrativo sancionador

• Autor(a) principal: Machado, Kelly Cristina Santos
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34634
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PENAL::DIREITO PROCESSUAL PENAL; Meio Ambiente; Direito penal; Sociedade de risco; Environment; Criminal law; Risk society; Legal interest; Administrative law sanctioning

An overview of Mankind History allows us to verify how important are the rights that have been conquered, from the individual rights to collective rights, currently identified as fraternity rights. On this upscale path, despite more modern victories, it is not out of proportion to say that the biggest benefit reached by mankind is connected to the concept of freedom, inasmuch that it has been demonstrated to be the primary moment of the achievement and conquest of new rights. This premise has been giving direction to the modern civilization, noted on sanctionary law provisions that are part of the Criminal Law, majorly built to restrain this specific right. However, it is not rare to verify measurements that end up putting these provisions to being rechecked. A good example is found on the typical incriminations found on concept of the risk society, those incriminations are characterized by the anticipation of crime definition to a moment that is before the offense itself of the protected right, in addition to that, there is the idea of taking to account a criminal intervention in circumstances that, theoretically, would be enough with the participation of non-criminal laws. The protection of the environment is a complete illustration of the before mentioned setting. It is correct to say that the justification presented by the defenders of criminal law safeguard (which is the relevancy of the right and the necessity of avoiding its disrespect because of its irreversibility). All in all, powerful is the repercussion of opinions from those that do not agree with this way of thinking. They bring as an argument the impossibility of making flexible traditional values that are part of Criminal Law, among those values is the idea of subsidiarity, translated from the Latin expression Lex primaria derogat subsidiariae, which stands for the primary law being more important than the subsidiary. The Criminalistics’ protection of the environment is an imperative and a genuinely necessary measurement or there would be other ways to equally or even more effective protect this Treasure? It is the central question present on this monograph, whose answer is not intended to be a standalone opinion, but to contribute to the existing discussion of this preexisting and particular matter