O estudo da lei de crimes ambientais contra a flora no Brasil

Abstract

Over the years the issue involving environmental problems as well as the environmental law itself has been widely discussed among environmental researchers. Circumstances are often found in Brazilian environmental laws in which environ mental disasters occur, and somehow this favors criminals because environmental legislation still leaves much to be desired. In this context, the following research problem is presented: are laws related to environmental crimes against flora in Brazil effe ctive? To answer the problem, the research was divided into three distinct chapters. In the first, it was discussed about the concepts, historical evolution and characteristics of the environmental law and also about the environmental legislation. In the s econd, environmental crimes were classified, as well as the Law 9.605 / 1988 and the infraconstitutional laws and the criminal liability of the legal entity in environmental crimes. Finally, in the third, it dealt with the occurrence of environmental viola tions against flora in Brazil and the National Environmental Policy (PNMA). To this end, a literature review was conducted, with a qualitative, descriptive and narrative approach. In the stages of the elaboration of the work a sorting of the bibliographica l research material was made, which will constitute one of the essential ways to guide a scientific work. The main search places were: books, legislations and secondary databases (Muse), allowing to analyze the existing literature and, from that, to trace the pertinent foundations to the expected results for the research. It was concluded that the criminalization of environmentally harmful conduct was created with the justification that in the administrative sphere the defendants ignored the sanctions appli ed by the Public Administration, through its executing agencies. Thus, presenting effective laws is the first and most important step, although not enough. For the effectiveness of the rules it is important that conditions are established that facilitate t heir compliance, making them applicable to reality and enriching the technical structure charged with their application.