A lei dos crimes ambientais à luz do princípio da intervenção mínima do Direito Penal: breve análise da punição penal ambiental das pessoas físicas

Abstract

The purpose of this article is to analyze whether Law n. 9.605, of february 12, 1998 (Law of Environmental Crimes), is justified from a juridical-political-penal point of view according to the Criminal Law’s principle of minimum intervention. In that way, this research aimed to verify if this legislation is truly configured as a criminal protection instrument - used as a last mechanism - that could be appropriately applied in the defense of an ecologically balanced environment. Juridical-dogmatic research was undertaken, using the indirect documentation technique and the deductive method. It was shown that the Law under analysis does not respect the principle of minimum intervention, neither in relation to the establishment of crimes of danger, in an attempt to prevent offenses against the environment, nor in its over dependence on administrative law elements, however, this Law respects it by predicting the need of a civil damage composition for the penal transaction occurrence in the search for harm reparation when the prevention fails. It was concluded that in general the Law of Environmental Crimes is not justified from a juridical-political-penal point of view, although it’s necessary to emphasize its correctness in the emphasis on the environmental damage repair.