Navegando por Assunto "Crime ambiental"

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O termo de ajustamento de conduta como instrumento do princípio do poluidor pagador no município de Barcarena
(Centro Universitário do Estado do Pará, 2021) Silva, Glenda Esteves dos Santos; Santos, Maria Paula Santos dos; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The intense industrial mining activity has generated recurrent socio-environmental damage in the Municipality of Barcarena. The central problem of this study is to analyze to what extent the Conduct Adjustment Agreement can be an instrument for the implementation of the Polluter Pays Principle in cases of socio-environmental damage. The main objective of the research is to contribute to the improvement of TAC as a method of conflict resolution, as well as to analyze the legal content of the Polluter Pays Principle, to analyze the general aspects of socio-environmental damage resulting from mining activity in Barcarena, and to analyze how TAC was adopted in order to implement emergency measures of polluter responsibility in the specific case analyzed. By means of the deductive method, qualitative approach and bibliographic and documental research techniques, we can conclude that TAC is in accordance with the Polluter Pays Principle as a form of guidance and implementation of the principle in relation to the polluter's responsibility for the costs of protecting the environment as a form of prevention and repair of the pollution generated, with the aim of seeking a balanced environment.
A responsabilidade penal da pessoa jurídica e a teoria da dupla imputação nos crimes ambientais: uma análise com base na doutrina e na jurisprudência
(Centro Universitário do Estado do Pará, 2019-06-19) Rayol, Carlos Henrique Cunha; Fonseca, Luciana Costa da; Lima Filho, Eduardo Neves
The purpose of this study is to present the main aspects about the criminal capacity of legal persons and to bring one of the most relevant discussions that arise due to this capacity, which is the Dual Imputation Theory in crimes against the environment. For this purpose, legislation, doctrine and jurisprudence were used as sources of research. It is worth noting that this analysis does not have as its purpose the exhaustion of the topic, considering that, although criminal liability of the legal entity is already accepted in the Brazilian legal system, the Dual Imputation Theory still generates great debates, which are reflected in the various changes in understandings that are seen in higher court decisions. So, this work is composed of three chapters, the first one was dedicated to expose the main explanatory theories of the legal person, explaining the theory adopted by our order and particularities of the concept of guilt related to criminal responsibility of the collective entity; in the second chapter, the historical evolution of the criminal protection of the environment was presented, analyzing how the protection in the legislation was developed from the first constitutions until the Federal Constitution of 1988 and the promulgation of Law nº 9.605 / 98, the Law of Environmental Crimes; Finally, in the third chapter, the debate on the Theory of Dual Imputation is discussed, a debate fundamentally jurisprudential, although part of the doctrine has also dealt with this topic, but in a discreet way. Thus, one wonders: what has changed in the conception of the superior courts about the Dual Imputation Theory? This is what will be analyzed in the third and final chapter.