A responsabilidade da pessoa jurídica no âmbito penal nos crimes de contaminação de água potável em relação à poluição dos recursos hídricos
Data
2002-04-26
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Editor
Universidade Federal de Goiás
Resumo
The environmental crimes have been a reason of ostentation all over the Word.
The judiciary has been finding difficulty to individualize the responsible for such
criminal acts the environment. The research in discussion is themed: “The
responsibility of the legal entity in the penal range in such crimes as the
contamination of the potable water according to hydric resources”. In this
purpose, the references of environmental crimes throughout the word were
discussed in wide variety, and also the rhetoric function of the expression
“sustainable development” was analyzed, as well, starting from the fact of
recognition that susceptibility is the natural principal and it cannot be substituted
by developer, hurrying on to rapidly avoid its destruction. Through bibliographic
and field research, some doctrinaire commentaries were emphasized about the
understanding of the true environmental problematic, insinuating vulnerable
points referring to the self object of word, such as the neglect of the public
government according to environmental protection, who are the responsible for
the contamination of the potable water and some other questions related to the
topic in discussion. Furthermore, the chapter “from the waters” relates about the
volume of the ocean water throughout the globe, showing its resources, its
provenance with the contaminated sources, highlighting the industry as the
biggest water contamination of all. Some quotations entitled as “juridical
tutelage” commented about the legal guardianship of the water in the federal
constitution of Brazil as relevant and some other legal definitions as well.
Institute treated in the comparison of law, analyzing the institutional laws that
distinguished themselves by establishing laws that will preserve the hydric
resources on the planet. The environmental politic in Brazil had importance in
many blanches of law study, the tutelage of the environment. Although all of the
evolution of the civil responsibility theory, reaching up to the objective
responsibility, by applying different sanctions, going from giving away fines to
the obligations of recovering the environment, even though it shows not being
so efficient to solve the problem, as little as it seems, produces side effects in
many other biomes. The main aspect of the research was to show the penal
responsibility of the legal entity due to the contamination states that the legal
entity is also responsible for the environmental crimes, such as the law of
“environmental crimes” as seen in article 225, third paragraph, first cut. It also
shows that the juridical corporation in the entity responsible for such crimes in
the civil and penal range, and also administrable responsible for the
environmental crimes, establishing sanctions to be comminated in many areas
of law study.
Descrição
Citação
LACERDA, Sílvia Maria Gonçalves Santos de. A responsabilidade da pessoa jurídica no âmbito penal nos crimes de contaminação de água potável em relação à poluição dos recursos hídricos. 2002. 142 f. Dissertação (Mestrado em Direito Agrário) - Universidade Federal de Goiás, Goiânia, 2002.