Responsabilização penal das pessoas jurídicas de direito público diante do direito ao meio ambiente ecologicamente equilibrado

Abstract

This paper aims to analyze the possibility of criminal liability of the legal entity of Public Law in environmental crimes. The study takes place through a logical construction, while it begins by demonstrating the protection of the environment by the Brazilian legal system, starting with the display of constitutional legal protection, and then passing to the Environmental Crimes Law. Afterwards, it seeks to show the possibility of criminal liability of the legal person, in order to face some points of questioning in doctrines about arguments that could be brought against this accountability. The issues of controversy form an important part of the analysis of this work, encompassing the possible performance of the legal entity as an active subject of crimes, the existence or not of conduct for the legal person by the vision of Criminal Law, the existence of legal personality and the honor of this. An important point of study expressed in this work is the old necessity of the double imputation of the natural person together and with the legal person as a requirement for its criminal responsibility. Having passed these points, a case was brought for the consolidation of the understanding on the subject, and therefore a demonstration of practical applicability of what had been discussed up to the point in question. Therefore, with all that has been discussed, there remains the question about the possibility of criminal responsibility of the legal entity of Public Law for environmental crimes, since this is the major cause of environmental damage.