A responsabilidade penal da pessoa jurídica em crimes ambientais na sociedade de risco

Abstract

This research seeks to analyze the possibility of making the legal person liable criminally in Brazil in the face of dogmatic and political criminal impasses presented by the doctrine. In view of the risk society context in which we live, there has been a significant increase in the number of environmental crimes, many of which have been committed by legal entities. In view of the difficulty in identifying the individual responsible for the crime, the 1988 Federal Constitution and the Environmental Crimes Law bring the possibility of making the legal entity liable, which on the other hand has generated great controversies on the part of the doctrine. These arguments are brought up in the development of the research, as well as possible solutions and answers found by the doctrine favorable to the accountability of collective entities, in order to analyze these impasses, taking into account the importance of protecting the environment and recognizing it as an autonomous right . The monograph will seek support in the scientific dialectical method, which uses the dialogue between these controversial points in order to try to reach a conclusion. Therefore, it seeks through these different positions to reach the best conclusion on the theme