Criminalidade ambiental organizada na perspectiva da dupla face do princípio da proporcionalidade

• Autor(a) principal: Almeida, Sandra Nalú de Carvalho Campos
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFMT
• Texto Completo: http://ri.ufmt.br/handle/1/3583
• topic: Meio ambiente; Tutela penal; Sustentabilidade ambiental; Criminalidade ambiental organizada; Dupla face da proporcionalidade; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Environment; Criminal tutelage; Environmental sustainability; Organized environmental crime; Double face of proportionality

The theme of this dissertation includes the analysis of environmental crime organized in the light of the duality principle of proportionality. It aims to measure, in the face of the legitimacy of penal intervention in the protection of the environment, if the normative, international and national scenario, provides sufficient protection of environmental sustainability in offenses committed by criminal organizations, in a way compatible with the duality principle of proportionality, providing for their protection and the perpetrators’ accountability of such illicit acts. Examination of the national normative scenario, related to environmental crimes that can be committed by criminal organizations, is limited to environmental crimes defined in Law No 9.605/1998 and, in the international scope, the research is restricted to the International Criminal Law plan. From the previous approach to the role of Criminal Law in the current Democratic Rule of Law in relation to the environment, it is shown that criminal intervention as a tool for its protection finds legitimacy in the constitutional axiological linking in the legal order of legal assets, provided for in the criminalization order in article 225, paragraph 3, of the 1988 Republic Constitution, in the principles of criminal law, in the principle of proportionality as prohibition of poor protection, and in the identification and delimitation of environmental sustainability as legal. Then, environmental crime is associated with organized crime through empirical evidence, nationally and transnationally, demonstrating that environmental crimes committed by complex criminal structures violate environmental sustainability in an ostensible and overwhelming way, which contributes not only to the legitimacy of criminal tutelage, but also to the compulsory nature of such intervention, given the need verified by the presented reality. From this, the corresponding normative scenario is revealed, at international and national levels, in order to verify the existence of specific classification of environmental crimes committed by criminal organizations in order to provide the legitimate and necessary increase of investigations and prosecution through the filing of criminal actions. Therefore, aspects relevant to the theme of International Criminal Law, International Criminal Court, the Palermo Convention and Brazilian Legislation are addressed. Finally, by contrasting the conclusion of the aforementioned analysis with the principle of proportionality in its two strands, it is advocated the inclusion in the Rome Statute of crimes against the environment perpetrated by criminal organizations, as likely to be investigated, prosecuted and tried by the International Criminal Court. In addition, for the autonomous classification of criminal organizations provide for in Law No 12.850/2013 to reach environmental crimes committed at national level, regardless of the maximum penalty imposed, with the adoption of the procedural instruments and techniques provided for in the aforementioned law. With this, Criminal Law contributes to an integral protection of the fundamental right of the citizen, society and future generations to a healthy and balanced environment. In order to achieve the intended results, with this study, the methods of deductive approach and monographic procedures were used, as well as bibliographic and documentary research.