A importância das sanções civis e penais para a inibição de ilícitos ambientais

Abstract

The aim of this dissertation is to analyze the civil and criminal liability attributed to those who cause environmental damage through unlawful acts. It can be observed that Brazilian legislation encompasses a wide range of mechanisms to protect the environment, both through accountability within the scope of "substantive law" and through judicial instruments (procedural) for environmental safeguarding. To achieve this purpose, a bibliographic review was conducted, initially addressing the origin and historical evolution of environmental law, the concepts of environmental law and damage, as well as the interpretation of Article 225, which establishes the constitutional foundation for environmental defense. With regard to environmental liability in the civil sphere, the main focus was on the concepts of environmental damage and reparation, while in the criminal sphere, there was an emphasis on the study of criminal offenses and the controversial issue of corporate criminal liability. It is concluded, based on bibliographic research on the subject, that the environment has constitutional and infraconstitutional mechanisms for its proper protection, and that the lack of regulations is not the cause of environmental degradation, but rather the irresponsibility and lack of awareness on the part of human beings, who must be informed and educated about the importance of preserving a healthy environment for the survival of all.