Considerations on the penal liability of business organizations in environmental crimes as an instrument to protect common rights / Reflexões acerca da responsabilidade penal da pessoa jurídica nos crimes ambientais como instrumento de proteção dos direitos difusos

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

After years o the validity of the Law 9.605/98, that deals with environmental crimes, already in the XXI century, it is important to reflect about the penal responsibility of the legal entity, in the environmental crimes as instrument of protection of the diffused rights, once that the society faces fast changes, in which so far unthinkable questions show up, like the global heating, the greenhouse effect, among so many others, related to the environment. In the middle of this discussion, there is the company, as larger transgressor. In this scenery, deserves importance the study of the diffused and collective rights, in which the environment is fitted. We start discussing the ius puniendi of the State, in what the penal responsibility of the legal entity becomes fundamental to protect those rights. A new phase is observed in the penal right, where the globalization takes the nations to adapt their laws to a protection which has clear characteristics of the globalized world. In this context, the approaching of the individualistic conceptions of the penal right as well as the importance that the sanctions to the collective beings act in the modern penal right. Touching the Law 9.605/98, the only one available that makes possible the penal responsibility of the legal entity, this study searches to overcome the doctrinaire controversies regarding the subject, demonstrating the viability of the penal respondibility in the outlines of the theory of the company adopted by the native right. Besides, as for the pertinent legislation, comes the revision suggestion, with alterations that seek to give continuity to the business activity, without putting aside the criminal imputation due to its responsibility before the protection of the ecologically balanced environment.

ASSUNTO(S)

pessoa jurídica penal responsibility responsabilidade penal ciencias humanas environment legal entity meio ambiente

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