Difficulties in the Control of Environmental Crimes in the Amazon (original) (raw)
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The main research problem is whether it is possible to typify and establish a correlation of environmental crimes from the integrated inspection operation known as "Ponta do Abunã" in Rondônia, in the border region between the states of Acre, Amazonas and Rondônia, in two different periods? To answer this question, the general objective of the research was to analyze the typology of environmental crime resulting from the integrated inspection action of IBAMA Superintendências do Acre, Amazonas and Rondônia and other command and control bodies carried out in the Ponta do Abunã region, located in municipality of Porto Velho, Rondônia, Western Amazon. This is a documentary and qualitative research, having as place of research the legal office of IBAMA/Rondônia. For the documentary analysis, 2 semi-structured instruments composed of 3 axes were used, containing the typology of the environmental crime, infraction notices and instruction and embargo term and, current stage or judgment of the process. The results indicate that the harmful conducts to the environment are prolonged throughout the analyzed period. Legislation is able to typify illegal actions and concrete actions fit the legal precept issued by the legislator. The delay in the judgment of the infraction notices analyzed is a real fact that requires a more agile response from the environmental sanctioner.
Environmental Criminal Responsibility and Applicability of Brazilian Constitutional Principles
The environment constitutes a group right, endowed with an indivisible object without a determined ownership and interconnected by certain circumstances indeed. Considering its relevance and the need to ensure its preservation and safeguard the environment for present and future generations, the Magna Carta of 1988 instituted in its text the protection of the environment, by means of axiological precepts, and the infraconstitutional legal framework established stricter tuitions, including in the penal. Through bibliographic research, with the analysis of national and international scientific articles, and research of Brazilian legislation, this work was carried out in order to verify the effectiveness of environmental laws. Thus, the objective of the research is to analyze the applicability of principles, highlighting the principles of prevention in the environmental sphere, as well as the form of accountability of the causers/polluters for the damage practiced. The case study took into account the environmental damage related to the Mariana Dam, the Ultra cargo Fire and the Brumadinho Dam.
Inferences on the Brazilian Environmental Crimes Law in Comparison with the Colombian Criminal Code
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Environmental topics have not borders, involve the understanding and interpretation of environmental laws in different countries and cultures. The objective of this research was to analyze the interpretative similarities and differences of environmental criminal laws of Brazil and Colombia, through a comparative study of the Brazilian Law of Environmental Crimes and the Colombian Criminal Code. Scientific papers about environmental criminal law of the two countries were consulted on specialized sites, law was consulted on government sites; the main criterion was its updating and validity. Significant results were found in subjects like guilt, responsibility and participation of people in crimes, administrative responsibility, damage to other people’s property as aggravating, environmental expertise, responsibility of the legal person, the depth to describe some environmental INFERENCES ON THE BRAZILIAN ENVIRONMENTAL CRIMES LAW IN COMPARISON WITH THE COLOMBIAN... 222 Veredas do Direi...
The research analyzed the jurisprudence of the Federal Supreme Court in the judgment of Extraordinary Appeal No. 548.181, from the State of Paraná, which overcame the understanding signed by the Superior Court of Justice, in the judgment of Ordinary Appeal in Writ of Mandamus No. 27.593 from the State of São Paulo, which dealt with the criminal liability of legal entities due to the practice of environmental crimes. The objective was to verify whether the liability imposed on legal entities was effective or whether it was reduced to a merely symbolic aspect. The work was developed through the dialectic method, which allows the questioning of the certainties established up to that point, enabling us to deny them and, from this intellectual exercise, to extract secure knowledge. It was concluded that the imputation of criminal liability to legal entities reveals itself as symbolic legislation that translates into an illusory action of the State with the purpose of conferring a way of solution to the problems and challenges for the protection of the environment, making it necessary that the discussions advance searching for more efficient answers for ecological tutelage. I.
UNICRI - Environmental Protection - Potentials and Limits of Criminal Justice Evaluation of Criminal Justice, 1995
Capítulo brasileiro do Relatório Global publicado pelo Instituto das Nações Unidas de Pesquisa da Criminalidade Inter-regional e Justiça - UNICRI, sobre Proteção Ambiental – Potenciais e Limites da Justiça Criminal – Análise de Estruturas Legais. Realizado em 1993 e publicado em 1995, foi um dos motivadores do esforço brasileiro em produzir uma lei tipificando crimes ambientais no Brasil. Brazilian chapter of the Global Report published by the United Nations Institute for Research on Interregional Crime and Justice - UNICRI, on Environmental Protection - Potentials and Limits of Criminal Justice - Analysis of Legal Structures. Conducted in 1993 and published in 1995, it was one of the motivators of the Brazilian effort to produce a law typifying environmental crimes in Brazil.
2021
The objective of the study was to analyze the integrated inspection model of the Superintendencies of Ibama do Acre, Amazonas and Rondônia (integrated action) carried out in the Ponta do Abunã region as a more efficient and effective inspection model to be carried out in the State of Rondônia and in Western Amazon. Materials and Method: it's a case study. Two semi-structured instruments were applied with three subjective questions, comprising three axes: 1st Axis - characterization of the positive aspects; 2nd Axis - characterization of negative aspects; 3rd Axis - pointing out improvement measures to be integrated into the inspection model. The first instrument was applied to the Focus Group, consisting of the members who participated in the environmental inspection operation “Ponta do Abunã” and the second instrument applied to the Steering Group of the institutions that promote and execute environmental policies. Results: it was possible to perceive that the integrated inspection model has a greater protection of the environment in all spheres, given the improvement in the organization and the maximization of the use of resources. However, there is a lack of equipment and a logistics structure for the transportation and storage of seized goods. Thus, it could be perceived that there was an improvement in the State's capacity to prosecute violators, however, improvement actions are needed when dealing with the seized assets.Final considerations: it stands out as a positive point pointed out by the group the greater protection of the environment in all spheres, given the improvement in the organization and the maximization of the use of resources. The integration between the political and administrative entities allows inspection action of superior technical quality and with lower costs. In the perception of inspection agents, actions occur infrequently and this results in the loss of inspection effectiveness. According to the researched group, a more continuous inspection would bring better results.
Legislação Florestal Brasileira e Políticas Do Governo De Combate Ao Desmatamento Na Amazônia Legal
Ambiente & Sociedade, 2015
The forest legislation can be understood as a set of laws governing the relations of exploitation and use of forest resources. In Brazil, the first devices aimed at protected areas or resources have his record even in the colonial period, where the main objective was to guarantee control over the management of certain features such as vegetation, water and soil. Since then, the forest legislation has been undergoing constant changes (Medeiros, 2005) that directly affect the actors linked to the management, as the technical institutions that monitor and control the exploitation of environmental areas, as well as researchers working in the area. In this scenario, the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) (Law 7,735/1989) has been active in protecting the environment, ensuring the sustainable use of natural resources and promoting environmental quality nationwide. However, the need for decentralization of administrative actions of IBAMA, due to the large size of Brazil that overloads the supervisory actions of the body, led to publication of the Law 11,284/2006 of public forest management, which regulates the management decentralization process Union forest to the states and municipalities. Subsequent to this, the rural actors such as farmers and entrepreneurs with political support from government wards opened the discussions on the reform of the main legal instrument of legislation-The Forest Code. New forms that aim to address the growing need of the country in parallel with the environmental protection have been placed under discussion. Existing interests of various social groups generated a heated debate on the topic mainly opposing the interests of farmers and the interests of conservation groups. In 2011, Congress discussed the Brazilian Forest Code modification 1965. The Bill 1,876/1999, the rapporteur of Congressman Rebelo (PCdoB-SP) has proposed major changes in the Brazilian agro-forestry setting. In the political debate, two political positions in relation to the new proposal emerged and were defined as the caucus and diametrically opposed, the environmentalist bloc. By discussion of the new Forest Code, deforestation in the Amazon has undergone major changes in the first decade of 2000. These changes is related to the intensification
Revista Brasileira de Ciências Ambientais, 2020
Tropical rainforests are among the most endangered biomes on the planet. They have become the new frontiers for capital expansion, both for the production of agricultural commodities and the exploitation of their natural resources. This article seeks to analyze how the command and control system is being practiced on one of such tropical rainforests, namely the Brazilian Amazon. To achieve the objectives set in the research, exploratory/ descriptive methods of qualitative and quantitative approach were carried out through field research and literature review on the subject. In addition, we evaluated the publications that best described the "state of the art" of the theme, always aiming at the quality and comprehensiveness of research by bibliometric mining and field survey through questionnaires administered to military police corporations. While examining the environmental protection agencies and law enforcement agencies, both from Union and the states that make up the Legal Amazon, the conclusion was that all of them devote very little material resources to effective forest protection, and that human resources are infinitely smaller than those recommended by other international nature protection organizations. Moreover, the structure in charge of investigating environmental crimes in the states is either poor or non-existent, and distant from the main regions of deforestation and other environmental crimes, something which favors impunity. It is concluded that the lack of structure of command and control bodies in the Amazon threatens the sustainability of the ecosystem, the economy and the society on local, regional, and global levels.
Recent Reform on Environmental Criminal Law in Brazil
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This article analyzes the recent innovations introduced in Brazil by the Environmental Criminal Act n. 9.605/98 in the light of the principle of legality. Replying some scholars that argues it violates the “principle of legality” because it fails to adequately describe the proscribed conduct or provide for due process of law, the author argues that the Brazilian Environmental Crimes Act introduce in our legal system a consensual criminal justice, with real results in the enforcement of environmental law. Connected with the Act n. 9.099/99, which mitigate procedural principles as obligation and unavailability of prosecution and introduce new institutions such as criminal liability of legal entities, probation, plea bargain, relaxing the rules of substantive and procedural guarantees for the application of alternative sentences by a Special Criminal Courts, this new statute allowing a rapid response to protect the environmental interests.